Patna High CourtCR. MISC./47500/2024bail granted

Sourabh Kumar v. The State Of Bihar

2024-07-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47500 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- SANHAULA District- Bhagalpur ====================================================== 1.

Sourabh Kumar, aged about 23 years, Male, Son Of Late Ambika Prasad Yadav Village- Chakrami, P.S.- Bhawanipur, Distt.- Bhagalpur 2.

Dipak Kumar, aged about 21 years, Male, Son Of Panjabi Ravidas VillageJairampur, P.S.- Bihpur, Distt.- Bhagalpur ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Dr. Manoj Kumar, Advocate For the Opposite Party :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 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 Sanhoula P.S Case No. 64 of 2024 dated 06.05.2024 registered for the offence punishable u/s 30(A) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 211.875 litres of illicit foreign liquor was recovered from the Scorpio vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The said vehicle does not belong to the petitioners. It is further submitted that the petitioner no. 1 is the

Patna High Court CR. MISC. No.47500 of 2024(2) dt.08-07-2024 2/2 driver and the petitioner no. 2 is the helper of the said vehicle and they have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 09.05.2024.

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, Bhagalpur, in connection with Sanhoula P.S Case No. 64 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T