Patna High CourtCR. MISC./35132/2024bail granted

Abhishek Kumar v. The State Of Bihar

2024-05-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35132 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Abhishek Kumar son of Sushil Mahto @ Sushil Mahton @ Sushil Bandhu Village- Rampur Ghat W.No-14, Ps- Cheria Bariyarpur Cheriya Bariyarpur Dist- Begusarai ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Cheriya Bariyapur P.S. Case No. 66 of 2024 dated 24.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 360 litres of illicit foreign liquor was recovered from the Bolero vehicle which was being driven by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.35132 of 2024(2) dt.08-05-2024 2/2 this case. The name of the petitioner has transpired in this case merely on suspicion. The petitioner is not the owner of the said vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Cheriya Bariyapur P.S. Case No. 66 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/-G U T