Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38770 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Abhishek Kumar Son of Jamdar Singh R/O Vill.- Sultanpur, P.S- Deerni, Dist.- Chapara 2.

Indrajit Kumar Son of Late Udai Rai R/O Vill.- Saidabad, P.S- Raghawpur, Dist.- Vaishali 3.

Chandan Rai Son of Raghubir Rai R/O Vill.- Baniya Bhagwanpur, P.SSariya, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 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 Ara Sadar Excise P.S. Case No. 91 of 2024 dated 12.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 388.80 litres of illicit foreign liquor was recovered from the Bolero.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.38770 of 2024(3) dt.01-07-2024 2/2 implicated in this case. The petitioners are not the owner of the said vehicle and the same was not being driven by them at the time of the alleged recovery. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 12.04.2024 as stated in para 12 of the bail petition.

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 levelled 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, Bhojpur at Ara, in connection with Ara Sadar Excise P.S. Case No. 91 of 2024.

7. The application stands allowed.

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