Patna High CourtCR. MISC./51173/2024bail granted

Naval Kumar @ Nawal Rai v. The State Of Bihar

2024-07-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51173 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- Excise P.S. District- Vaishali ====================================================== Naval Kumar @ Nawal Rai, aged about 29 years, Male, Son Of Rajgir Ray Resident Of Village - Salempur, Ward No.14, P.S.- Lalganj, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anuj Kumar, Advocate For the Opposite Party :

Mr. Kanhiya Kishor, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2024 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 Hajipur Excise P.S. Case No. 134 of 2024 dated 09.05.2024 registered for the offences punishable u/s 30(a), 32(1)(3), 36, 41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 30 litres of illicit foreign liquor was recovered from the Scorpio.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said seized vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.51173 of 2024(2) dt.16-07-2024 2/2 concern with the alleged recovery. The petitioner has eight criminal antecedents 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 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, Hajipur at Vaishali in connection with Hajipur Excise P.S. Case No. 134 of 2024, with the condition; (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/amanU T