Patna High CourtCR. MISC./44454/2024bail granted

Subham Shav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44454 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Subham Shav S/O Nandu Shaw R/O Nidha Koilari, P.S-Jamuria, Distt.- Barddhaman (W. Bengal).

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, 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 Sripur P.S. Case No. 51 of 2024 dated 21.04.2024 registered for the offences punishable u/s 30(a) of the I.P.C and u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, total 117 litres of illicit foreign liquor was recovered from the Tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is neither

Patna High Court CR. MISC. No.44454 of 2024(2) dt.26-06-2024 2/2 the owner nor the driver of the alleged tempo. The petitioner has no concern with the alleged recovery. The petitioner is in custody since 21.04.2024. The petitioner has clean antecedent as stated in para 3 of the bail petition.

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, Gopalganj in connection with Sripur P.S. Case No. 51 of 2024.

7. The application stands allowed.

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