Patna High CourtCR. MISC./43815/2024bail granted

Anshu 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.43815 of 2024 Arising Out of PS. Case No.-837 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Anshu Kumar Son of Rajaram Bhagat Resident of village - Amwa Tola Chailaha Ward No.- 10, P.S.- Banjariya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv For the Opposite Party/s :

Mr. Narsingh Tanti,APP ====================================================== 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 (Motihari) P.S. Case No. 837 of 2024 dated 14.05.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 60 litres of illicit country made liquor was recovered from the sack which was kept on the motorcycle.

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 and

Patna High Court CR. MISC. No.43815 of 2024(2) dt.26-06-2024 2/2 the same was not being driven by him at the time of 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. As per the impugned order the petitioner is in custody since 15.05.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, East Champaran in connection with Excise (Motihari) P.S. Case No. 837 of 2024.

7. The application stands allowed.

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