Patna High CourtCR. MISC./49553/2024allowed

Shravan Kumar @ Sharwan Kumar v. The State Of Bihar

2024-07-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49553 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- ANGARGHAT District- Samastipur ====================================================== Shravan Kumar @ Sharwan Kumar Son Of Aseshwar Mahato @ Asheshwar Mahto Resident Of Village - Haripur, Ward No.9, Police Station - Rosera, District - Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 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 Angharghat P.S. Case No. 40 of 2024 dated 05.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 77.655 litres of illicit foreign liquor was recovered from the Car.

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. The petitioner is only the driver of the said vehicle and he has no concern with the alleged recovery. Nothing has been

Patna High Court CR. MISC. No.49553 of 2024(2) dt.10-07-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2024.

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, Samastipur in connection with Angharghat P.S. Case No. 40 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U