Patna High CourtCR. MISC./50445/2024bail granted

Arjun Kumar v. The State Of Bihar

2024-07-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50445 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- Excise P.S. District- Araria ====================================================== Arjun Kumar S/O Kapildeo Yadav R/O Village- Laxmipur, Ward No 11, P.SFulkaha, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2024 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 Araria Excise Circle P.S. Case No. 235/2024 dated 04.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 51 litres of illicit Nepali wine was recovered from the two motorcycles out of which total 27 litres of illicit Nepali wine was recovered from the motorcycle of the petitioner.

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.50445 of 2024(2) dt.15-07-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said motorcycles. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.06.2024.

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, Araria in connection with Araria Excise Circle P.S. Case No. 235/2024.

7. The application stands allowed.

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