Vinay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52229 of 2024 Arising Out of PS. Case No.-969 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Vinay Kumar Yadav Son of Harishankar Rai R/O Vill.- Mathiya, Bariyarpur, P.s.- Pipra Kothi, Dist.- East Champaran 2.

Rajan Kumar Son of Ramchandra Rai R/O Vill.- Damruha, P.s.- Pipra Kothi, Dist.- East Champaran 3.

Raushan Kumar Son of Prabhu Sahani R/O Vill.- Mathurapur, Math Gopal, P.s.- Pipra Kothi, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 969 of 2024 dated 13.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 75.870 of illicit foreign liquor was recovered from the Wagon R Car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Petitioners are not the owner of the said

Patna High Court CR. MISC. No.52229 of 2024(2) dt.23-07-2024 2/2 vehicle. It is further submitted that the petitioner no. 1 is driver of the said car at the time of the alleged recovery. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 14.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners 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, East Champaran, in connection with Excise P.S. Case No. 969 of 2024.

7. The application stands allowed.

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