Patna High CourtCR. MISC./45498/2024bail granted

Dilkhush Kumar @ Dilkhush Sharma @ Niranjan Kumar v. The State Of Bihar

2024-07-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45498 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Dilkhush Kumar @ Dilkhush Sharma @ Niranjan Kumar S/O Keshav Sharma @ Kesho Sharma R/O Village-Sumeri Tola,P.S.-Parbatta,DisttKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 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 Parbatta P.S. Case No. 61 of 2024 dated 11.02.2024 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 122.325 litres of illicit foreign liquor was recovered from the field of the coaccused Durgesh Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.45498 of 2024(2) dt.02-07-2024 2/2 possession of the petitioner. Similarly situated co-accused person has already been granted bail by this Court vide order dated 19.06.2024 passed in Cr. Misc. No. 41244 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2024.

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, Khagaria in connection with Parbatta P.S. Case No. 61 of 2024.

7. The application stands allowed.

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