Patna High CourtCR. MISC./44080/2024bail granted

Sajan Kumar v. The State Of Bihar

2024-06-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44080 of 2024 Arising Out of PS. Case No.-1063 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Sajan Kumar, male, aged about 27 years, S/o- Shiv Dayal Paswan, R/oDudhiya W.No-18, Ps- Akilpur, Dist- Saran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 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. 1063 of 2024 dated 06.05.2024 registered for the offences punishable u/ss 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 245 litres of illicit country made liquor was recovered, out of which 200 litres of illicit country made liquor was recovered from the petitioner's car and the rest 45 litres of illicit country made liquor kept in three plastic bags was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.44080 of 2024(2) dt.26-06-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. Petitioner is the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.05.2024.

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, Patna in connection with Excise P.S Case No. 1063 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/amanU T