Patna High CourtCR. MISC./52592/2024bail granted

Shailesh Kumar @ Shailendra Kumar v. The State Of Bihar

2024-07-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52592 of 2024 Arising Out of PS. Case No.-230 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Shailesh Kumar @ Shailendra Kumar S/O Shivshankar Prasad Yadav R/O Village- Belahi Tand, P.S- Parnadabar, Distt.- Nawada. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 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 Sirdalla P.S. Case No. 230 of 2024 dated 15.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 120 litres of illicit country made liquor was recovered from 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 recovery. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.52592 of 2024(2) dt.23-07-2024 2/2 recovery. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired in this case merely on the suspicion. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.06.2024.

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 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, Nawada, in connection with Sirdalla P.S. Case No. 230 of 2024.

7. The application stands allowed.

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