Patna High CourtCR. MISC./48807/2024allowed

Jiut Prasad v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48807 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- BHITAHA District- West Champaran ====================================================== Jiut Prasad, aged about 40 years, Male, S/o Late Bhikhari Prasad @ Bhikhari R/o Village Dhobightawa, Police station Barwapatti District kushinagar, U.P. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sachida Nand Rai, Advocate For the Opposite Party :

Mr. Syed Ehteshamuddin, 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 Bhitaha P.S Case No. 57 of 2024 dated 28.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 285.12 litres of illicit foreign liquor was recovered from the tractor.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Petitioner is the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The

Patna High Court CR. MISC. No.48807 of 2024(2) dt.10-07-2024 2/2 petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.05.2024.

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, Bagaha, West Champaran, in connection with Bhitaha P.S Case No. 57 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T