Patna High CourtCR. MISC./39747/2024bail granted

Jammu Chaudhary v. The State Of Bihar

2024-08-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39747 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== 1.

Jammu Chaudhary S/O Bhikhari Chaudhary R/O Village Samara, P.S. Sonepur, Distt- Saran 2.

Rohit Kumar S/O Yogendra Chaudhary R/O Village Samara, P.S. Sonepur, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mili Kumari, Adv For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 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 Dariyarpur P.S. Case No. 213 of 2024 dated 11.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 125.82 litres of illicit foreign liquor was from the e-rickshaw.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the alleged recovery. The name of the petitioners has transpired in

Patna High Court CR. MISC. No.39747 of 2024(3) dt.12-08-2024 2/2 this case merely on the basis of confessional statement of the local chowkdiar. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has one criminal antecedent and the petitioner no. 2 has two criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 12.04.2024.

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, Saran at Chapra, in connection with Dariyarpur P.S. Case No. 213 of 2024.

7. The application stands allowed.

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