Patna High CourtCR. MISC./48948/2024allowed

Umesh Kumar Sharma @ Umesh 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.48948 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- BENIPATTI District- Madhubani ====================================================== Umesh Kumar Sharma @ Umesh Kumar, aged about 22 years, Male, Son of Shree Bhikhari Thakur @ Bhikhari Thakur Resident of Vill- Sakri Nagar, Ward No. 9, P.S.- Sakri, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party :

Mr. Meena Singh, A.P.P.

====================================================== 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 G.R. No.- 351 of 2024 arising out of Benipatti P.S Case No. 60 of 2024 dated 17.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 441 litres of illicit Nepali liquor kept in 8 jute sacks was recovered from the Wagon R (Maruti Suzuki Car).

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.48948 of 2024(2) dt.10-07-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.03.2024.

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, Madhubani in connection with G.R. No.- 351 of 2024 arising out of Benipatti P.S Case No. 60 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T