Patna High CourtCR. MISC./45300/2024bail granted

Rohit Chauhan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45300 of 2024 Arising Out of PS. Case No.-396 Year-2024 Thana- Excise P.S. District- Gopalganj ====================================================== 1.

Rohit Chauhan son of Sampat Chauhan Village- Baukata Jagirdari PsBhorey Dist- Gopalganj 2.

Shoyeb Akhatar Ansari @ Shoyeb Akhatar son of Riyajudin Ansari VillageShukul Dumar Ps- Bhorey Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Bhakta, Adv.

For the Opposite Party/s :

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 396 of 2024 dated 28.04.2024 registered for the offence/s punishable u/ss 30(a), 32 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 360 litres of illicit country made liquor was recovered from the Bolero vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the driver of the

Patna High Court CR. MISC. No.45300 of 2024(2) dt.02-07-2024 2/2 said vehicle. The petitioners 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 28.04.2024.

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, Gopalganj in connection with Excise P.S. Case No. 396 of 2024.

7. The application stands allowed.

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