Patna High CourtCR. MISC./37672/2024bail granted

Himanshu Kumar @ Digvijay Kumar @ Divijay Kumar v. The State Of Bihar

2024-05-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37672 of 2024 Arising Out of PS. Case No.-138 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== Himanshu Kumar @ Digvijay Kumar @ Divijay Kumar son of Hiramya Pratap Singh Dev @ Hemant Kumar Singh Village- Rajapakar Near Kali Asthan Ps- Rajapakar Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 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 Rajapakar P.S. Case No. 138 of 2024 dated 23.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 155.520 litres of illicit foreign liquor was recovered from the basement of the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered

Patna High Court CR. MISC. No.37672 of 2024(2) dt.16-05-2024 2/2 from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2024.

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, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 138 of 2024.

7. The application stands allowed.

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