Patna High CourtCR. MISC./42900/2024bail granted

Diwakar Kumar v. The State Of Bihar

2024-06-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42900 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- SIKARHATTA District- Bhojpur ====================================================== 1.

Diwakar Kumar, aged about 31 years, S/O Bharat Chaube, R/O VillageDumariya Police Station- Tarari, Distt.- Bhojpur. 2.

Atal Yadav @ Lalbabu @ Lalbabu Yadav, aged about 24 years, S/O Ram Ayodhaya Singh, R/O Village- Dumariya Police Station- Tarari, Distt.- Bhojpur.

... ... Petitioners

Versus

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

For the Petitioner :

Mr. Uday Kumar, Advocate For the Opposite Party :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sikarhatta P.S Case No. 60 of 2024 dated 14.05.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 200 litres illicit country made liquor, kept in four plastic bags was recovered from the dickey of the car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the

Patna High Court CR. MISC. No.42900 of 2024(2) dt.25-06-2024 2/2 possession of the petitioners. The petitioner no. 1 has clean antecedent but the petitioner no. 2 has four criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 14.05.2024.

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 period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Sikarhatta P.S Case No. 60 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/amanU T