Patna High CourtCR. MISC./36136/2024bail granted

Akash Kumar v. The State Of Bihar

2024-05-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36136 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- EAST CHAMPARAN GRP CASE District- East Champaran ====================================================== 1.

Akash Kumar S/o Yogi Mukhiya R/o vill - Tikuliya, P.S. - Muffasil, Distt. - East Champaran 2.

Anish Ram S/o Manager Ram R/o vill - Tikuliya, P.S. - Muffasil, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Rail Motihari P.S. Case No. 18 of 2024 dated 12.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 31.500 litres of illicit foreign liquor kept in a bag was recovered from the possession of the petitioners.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was

Patna High Court CR. MISC. No.36136 of 2024(2) dt.13-05-2024 2/2 transpired in this case merely on suspicion. It is further submitted that the petitioners have no concern with the alleged liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has no criminal antecedent whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.03.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Rail Motihari P.S. Case No. 18 of 2024.

7. The application stands allowed.

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