Patna High CourtCR. MISC./39628/2024allowed

Chotu Kumar v. The State Of Bihar

2024-07-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39628 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Chotu Kumar son of Satendra Singh Village- Chitkohara Ps- Gardanibagh Dist- Patna ... ... 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 10-07-2024 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 Ara Sadar Excise P.S. Case No. 78 of 2024 dated 03.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 112.320 litres of illicit foreign liquor was recovered from the Alto Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is driver of the said vehicle at the time of the alleged recovery. The petitioner has no concern with the

Patna High Court CR. MISC. No.39628 of 2024(3) dt.10-07-2024 2/2 alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.04.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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 in connection with Ara Sadar Excise P.S. Case No. 78 of 2024.

7. The application stands allowed.

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