Patna High CourtCR. MISC./42331/2024bail granted

Umesh Rai v. The State Of Bihar

2024-07-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42331 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Umesh Rai Son of Late Hussaini Rai R/O VILLAGE- SHIKARPUR, P.S.- SONPUR, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kanchan Kumari, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 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 Sonepur Excise P.S. Case No. 48 of 2024 dated 08.03.2024 registered for the offences punishable u/ss 30(a), 32(3) and 41(1) (2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 50 litres of illicit country made liquor was recovered from the motorcycle of the co-accused person.

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

Patna High Court CR. MISC. No.42331 of 2024(2) dt.18-07-2024 2/2 he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 15.05.2024 passed in Cr. Misc. No. 37106 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.03.2024.

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, Saran at Chapra in connection with Sonepur Excise P.S. Case No. 48 of 2024.

7. The application stands allowed.

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