Patna High CourtCR. MISC./41960/2024bail granted

Amit Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41960 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Amit Kumar Son Of Rambarai Singh @ Ashwani Singh Village- Jigna Gopal Pradhani Tola, P.S.- Mirganj, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, 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 Barauli P.S. Case No. 371 of 2023 dated 04.09.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 205 litres of illicit 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 name of the petitioner was disclosed by local Chowkidar. The petitioner is not the owner of the said vehicle and he has no concern with the alleged recovery. Nothing has

Patna High Court CR. MISC. No.41960 of 2024(2) dt.18-07-2024 2/2 been recovered from the conscious possession of the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 03.01.2024 passed in Cr. Misc. No. 78536 of 2023. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.04.2024.

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, Gopalganj in connection with Barauli P.S. Case No. 371 of 2023.

7. The application stands allowed.

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