Patna High CourtCR. MISC./36256/2024bail granted

Lav Kumar v. The State Of Bihar

2024-07-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36256 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Lav Kumar S/o- Saheb Singh Resident of Village-Chanchal Tola Asani, P.S. Udwantnagar, District Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar Shrivastava For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 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 Udawantnagar (Gajrajganj) P.S. Case No.104 of 2024 dated 15.03.2024 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Sections 414 read with 34 of the I.P.C.

3. As per the prosecution case, total 50 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.36256 of 2024(2) dt.04-07-2024 2/2 possession of the petitioner. The petitioner is neither the owner nor he has any connection with the illegal business of wine. Similarly situated co-accused has already been granted bail by this court vide order dated 01.05.2024 passed in Cr. Misc. No. 33115 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.03.2024.

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, Bhojpur at Ara in connection with Udawantnagar (Gajrajganj) P.S. Case No.104 of 2024.

7. The application stands allowed.

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