Patna High CourtCR. MISC./37464/2024bail granted

Satish 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.37464 of 2024 Arising Out of PS. Case No.-348 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

Satish Kumar SON OF MUNSHI PRASAD VILLAGE- DAYALPUR , PSHILSA, DIST- NALANDA 2.

AJAY KUMAR SON OF CHANDRADEV PASWAN VILLAGERAMPUR BARA PS- KAKOPALI, DIST- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 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 Kaimur Excise P.S. Case No. 348 of 2024 dated 13.04.2024 registered for the offences punishable under sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 148.5 litres of illicit foreign liquor was recovered from a CNG Auto.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the

Patna High Court CR. MISC. No.37464 of 2024(2) dt.16-05-2024 2/2 possession of the petitioners. The petitioner no. 1 is sitting as a passenger in the said auto whereas the petitioner no. 2 is the driver of the seized auto. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.04.2024.

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 their 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, Kaimur at Bhabhua, in connection with Kaimur Excise P.S. Case No. 348 of 2024.

7. The application stands allowed.

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