Patna High CourtCR. MISC./42428/2024bail granted

Shyamnath Kumar v. The State Of Bihar

2024-06-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42428 of 2024 Arising Out of PS. Case No.-845 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Shyamnath Kumar S/o Ram Pravesh Mahto R/o vill - Pakari Ismail, P.S. - Sadar, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2024 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 Excise P.S. Case No. 845 of 2024 dated 03.05.2024 registered for the offences punishable u/s 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 330.6 litres of illicit country made liquor and beer were recovered from the car which was being driven by the petitioner.

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.

Patna High Court CR. MISC. No.42428 of 2024(2) dt.24-06-2024 2/2 The petitioner is only the driver and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2024..

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, Muzaffarpur in connection with Excise P.S. Case No. 845 of 2024.

7. The application stands allowed.

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