Patna High CourtCR. MISC./48088/2024bail granted

Sumit Kumar v. The State Of Bihar

2024-07-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48088 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== 1.

Sumit Kumar Son Of Kanhaiya Lal Prasad Resident Of Village - Semra Dhusi, Police Station - Kaseya, District - Kushinagar (UTTAR Pradesh) 2.

Shamshad Ansari Son Of Muneb Ansari Resident Of Village - Semra Dhusi, Police Station - Kaseya, District - Kushinagar (UTTAR Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Adv For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2024 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 Barauli P.S. Case No. 133 of 2024 dated 23.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 983.340 of illicit foreign liquor was recovered from the two Pickup vans.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the said vehicle and the same was not being driven by them at the

Patna High Court CR. MISC. No.48088 of 2024(2) dt.09-07-2024 2/2 time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 24.04.2024.

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 nature of allegation levelled against the petitioners and the period of custody, the petitioners 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 Barauli P.S. Case No. 133 of 2024.

7. The application stands allowed.

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