Patna High CourtCR. MISC./48765/2024allowed

Prince 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.48765 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Prince Kumar Kuldev Sah R/O Of Village- Laxmipur, PS- Laukahi, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Kumar Verma, Adv For the Opposite Party/s :

Mr. Sharda Kumari, 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 Khutauna P.S. Case No. 67 of 2024 dated 23.05.2024 registered for the offences punishable u/s 272, 273, 34 of the I.P.C and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 440.280 litres of illicit Nepali country made 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 and the same was not being driven by him at the time of the alleged

Patna High Court CR. MISC. No.48765 of 2024(2) dt.10-07-2024 2/2 recovery. The petitioner has no concern with the alleged recovery. Nothing has been 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 24.05.2024.

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 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, Madhubani, in connection with Khutauna P.S. Case No. 67 of 2024.

7. The application stands allowed.

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