Patna High CourtCR. MISC./41244/2024bail granted

Durgesh Kumar @ Durga v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41244 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Durgesh Kumar @ Durga Son Of Lalan Sharma @ Lalan Kumar Sharma Resident Of Village - Sumeri Tola, P.S. - Bharat Khand, O.P. (Parbatta), District - Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, 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 Parbatta P.S. Case No. 61 of 2024 dated 11.02.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 122.325 litres of illicit foreign liquor was recovered from the field of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case merely on suspicion. The recovery has been made from an

Patna High Court CR. MISC. No.41244 of 2024(2) dt.19-06-2024 2/2 open place which is accessible to anyone. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.03.2024.

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, Khagaria in connection with Parbatta P.S. Case No. 61 of 2024.

7. The application stands allowed.

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