Patna High CourtCR. MISC./47665/2024bail granted

Gulab Chaudhary v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47665 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- SARSI District- Purnia ====================================================== Gulab Chaudhary Son of Ramchandra Chaudhary Resident of VillBanmankhi, P.S.- Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 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 Sarsi P.S. Case No. 105 of 2024 dated 06.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1193.25 litres of illicit foreign liquor was recovered from the Scorpio and Bolero vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicles. The petitioner is only the passenger in the

Patna High Court CR. MISC. No.47665 of 2024(2) dt.08-07-2024 2/2 Scorpio vehicle and he had no knowledge about the liquor kept in the dickey of the said vehicle. 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 07.06.2024.

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 period of custody, the petitioner 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, Purnea in connection with Sarsi P.S. Case No. 105 of 2024.

7. The application stands allowed.

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