Patna High CourtCR. MISC./46836/2024bail granted

Dhanu Gosai v. The State Of Bihar

2024-07-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46836 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- PALANWA District- East Champaran ====================================================== Dhanu Gosai Son of Ashok Gosai Resident of Village - Jatiai (Jatiyahi), P.S.- Raxaul, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2024 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 Palanwa P.S. Case No. 81 of 2024 dated 02.06.2024 registered for the offences punishable u/s 414, 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 75 litres of illicit foreign liquor was recovered from the jute bag which was kept on the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle and

Patna High Court CR. MISC. No.46836 of 2024(2) dt.03-07-2024 2/2 the same was not being driven by him at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.06.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, East Champaran, in connection with Palanwa P.S. Case No. 81 of 2024.

7. The application stands allowed.

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