Patna High CourtCR. MISC./51193/2024bail granted

Yogendra Kumar v. The State Of Bihar

2024-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51193 of 2024 Arising Out of PS. Case No.-206 Year-2024 Thana- Excise P.S. District- Sheikhpura ====================================================== Yogendra Kumar, aged about 22 years, Male, S/o- Late Kishori Bind villageKushokhar PS-Chewada district- Sheikhpura ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bajarangi Lal, Advocate For the Opposite Party :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 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 Sheikhpura Excise P.S. Case No. 206 of 2024 dated 05.05.2024 registered for the offences punishable u/s 30(a), 32, 41, 56(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 40 litres of illicit country made liquor and liquor making apparatus were recovered from the field and 15 litres of illicit country made liquor kept in gallon was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.51193 of 2024(2) dt.20-07-2024 2/2 this case. The recovery has been made from an open place which is accessible to anyone. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this Court vide order dated 02.07.2024 passed in Cr. Misc. No. 45882 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.05.2024.

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, Sheikhpura in connection with Sheikhpura Excise P.S. Case No. 206 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/amanU T