Patna High CourtCR. MISC./38946/2024bail granted

Sandeep Kumar v. The State Of Bihar

2024-05-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38946 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- Bypass District- Bhagalpur ====================================================== Sandeep Kumar SON OF ARVIND YADAV R/O- VILLAGE KOLLUA , P.SSHANKARPUR, DIST- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar Choubey, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with the Byepass P.S. Case Number 15/2024 lodged on 24.03.2024 under Section 30 (a) Bihar Prohibition and Excise Act.

3. As per the prosecution case, the FIR has been lodged against four named accused persons, including the present petitioner. Total recovery of 192.42 litres Indian Made Foreign liquor is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel for the petitioner further submits that the petitioner has been arrested from a vehicle, on which illicit liquor has been recovered, but the petitioner is neither the owner nor the co-

Patna High Court CR. MISC. No.38946 of 2024(2) dt.28-05-2024 2/2 driver or the driver of the vehicle. The petitioner is completely unaware about the loaded wine on the said vehicle. The petitioner is in custody since 25.03.24 having no criminal antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that from the allegation of the FIR, it appears that the petitioner is the king-pin.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge cum Exclusive Special excise Judge-01, Bhagalpur , subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J.) Ashwini/- U T