Patna High CourtCR. MISC./44651/2024bail granted

Rajesh Kumar v. The State Of Bihar

2024-07-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44651 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== 1.

Rajesh Kumar Son Of Late Ram Sobhit Singh Resident Of Vill- Tajpur Kharika, Ward No. 06, P.S.- Bidpur, District- Vaishali At Hajipur 2.

Raj Kishore Paswan Son Of Late Ramdev Paswan Resident Of Vill- Tajpur Kharika, Ward No. 06, P.S.- Bidpur, District- Vaishali At Hajipur 3.

Dilip Singh Son Of Late Devendra Prasad Singh Resident Of Vill- Kala Pahad, Ward No. 09, P.S.- Jandaha, District- Vaishali At Hajipur 4.

Chuni Devi Wife Of Dilip Singh Resident Of Vill- Kala Pahad, Ward No. 09, P.S.- Jandaha, District- Vaishali At Hajipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 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 Samastipur Sadar Excise P.S. Case No. 169 of 2024 dated 07.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 75.240 litres of illicit foreign liquor was recovered from the dickey of the WagonR.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.44651 of 2024(2) dt.01-07-2024 2/2 this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners are not the owner of the said vehicle. The petitioner no. 2 is the driver of the said vehicle but he has no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioner nos. 2, 3 and 4 have no criminal antecedent whereas the petitioner no. 1 has one criminal antecedent case as stated in para 3 of the bail petition. The petitioners are in custody since 07.06.2024.

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 abovenamed, 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, Samastipur in connection with Samastipur Sadar Excise P.S. Case No. 169 of 2024.

7. The application stands allowed.

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