Patna High CourtCR. MISC./35936/2024bail granted

Umesh Kumar v. The State Of Bihar

2024-05-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35936 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Umesh Kumar S/O Shyam Bihari Yadav R/O Village- Ajma, P.S.- Naubatpur, District- Patna 2.

Anupam Kumar S/O Kishan Bihari Yadav R/O Village- Janki Nagar, P.S.- Janki Nagar, Dist- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Noorsarai P.S. Case No. 118 of 2024 dated 18.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 830.25 litres of illicit foreign made liquor was recovered from the bus.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the said vehicle but the same was being driven by the petitioners at

Patna High Court CR. MISC. No.35936 of 2024(2) dt.09-05-2024 2/2 the time of the alleged recovery. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 18.03.2024

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

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners and the period of custody, the petitioners 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, Nalanda, in connection with Noorsarai P.S. Case No. 118 of 2024.

7. The application stands allowed.

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