Patna High CourtCR. MISC./48768/2024allowed

Vishal 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.48768 of 2024 Arising Out of PS. Case No.-428 Year-2024 Thana- Excise P.S. District- Gopalganj ====================================================== Vishal Kumar Son of Gamha Nishad Resident of Vill- Rajpur Bagaha, P.S.- Sewarhi, District- Kushinagar, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Adv For the Opposite Party/s :

Mr. Indu Kumari Srivastava, 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 Excise P.S. Case No. 428 of 2024 dated 09.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 90 litres of illicit country made liquor was recovered from the plastic sack tied with the motorcycle.

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.48768 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 clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.05.2024.

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, Gopalganj in connection with Excise P.S. Case No. 428 of 2024.

7. The application stands allowed.

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