Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47707 of 2024 Arising Out of PS. Case No.-1281 Year-2024 Thana- Excise P.S. District- Patna ====================================================== 1.

Ashish Kumar S/O Sushil Kumar Shrivastav R/O VILL-KATRA BAZAR, RIKABGANJ, P.S.-MALSALAMI, DIST-PATNA.

2.

Satish Kumar Late Kishat Ray VILL-SHARIFAGANJ, WARD NO-72,P.S.- MALSALAMI, DIST-PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 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 Excise (Prohibition) P.S. Case No. 1281 of 2024 dated 27.05.2024 registered for the offences punishable u/ss 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 250 litres of illicit country made liquor was recovered from the from the tempo.

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

Patna High Court CR. MISC. No.47707 of 2024(2) dt.08-07-2024 2/2 implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioner no. 1 is the driver and the petitioner no. 2 is the passenger of the said vehicle and they have no concern with 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 28.05.2024.

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 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, Patna in connection with Excise (Prohibition) P.S. Case No. 1281 of 2024.

7. The application stands allowed.

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