Patna High CourtCR. MISC./44347/2024bail granted

Nitesh 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.44347 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- Excise P.S. District- Saran ====================================================== 1.

Nitesh Kumar Son of Umesh Ray R/O- Tenua, P.S.- Chapra Mufassil 2.

Mukesh Kumar Son of Raj Kumar Singh R/O Vill.- Basantpur, P.S.- Jandaha, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raushan Raj, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 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 Excise P.S. Case No. 93 of 2024 dated 10.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 24.75 liters of illicit foreign liquor was recovered from two plastic bags kept on the motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation

Patna High Court CR. MISC. No.44347 of 2024(2) dt.26-06-2024 2/2 against the petitioners. Nothing incriminating material has been recovered from the possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 11.04.2024.

5. Learned A.P.P. for the State has 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, Saran at Chapra in connection with Excise P.S. Case No. 93 of 2024.

7. The application stands allowed.

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