Patna High CourtCR. MISC./41225/2024bail granted

Bharosh Kumar @ Bharosh Sahani v. The State Of Bihar

2024-06-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41225 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- Banjariya District- East Champaran ====================================================== Bharosh Kumar @ Bharosh Sahani S/O Jitendra Sahani R/O VillageJhakhiya, P.S.- Turkaulia, Dist.- East Champaran ... ... Petitioner/s

Versus

The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 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 Banjariya P.S. Case No. 19 of 2024 dated 16.03.2024 registered for the offences punishable u/ss 272 and 273 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 30 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle and he has no concern with the alleged recovery. Nothing has been

Patna High Court CR. MISC. No.41225 of 2024(2) dt.19-06-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner has four criminal antecedents and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024.

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, East Champaran at Motihari in connection with Banjariya P.S. Case No. 19 of 2024.

7. The application stands allowed.

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