Patna High CourtCR. MISC./55050/2024bail granted

Kundan Kumar v. The State Of Bihar

2024-07-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55050 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

Kundan Kumar Son Of Jhimi Ray Village- Naya Tola Dadora, PsBakhtiyarpur, Dist- Patna 2.

Rani Devi Wife Of Chandan Kumar Village- Gopalpur Mahdanti Chauck, Ps- Naya Tola, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baijnath Sah, Adv For the Opposite Party/s :

Mr. Surendra Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 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 Mohmmadpur P.S. Case No. 130 of 2024 dated 28.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 231.84 litres of illict foreign liquor recovered from the Auto.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the said vehicle. The petitioner no. 1 is the driver and the petitioner

Patna High Court CR. MISC. No.55050 of 2024(2) dt.30-07-2024 2/2 no. 2 is the passenger of the said seized vehicle. 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 29.05.2024.

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, Gopalganj, in connection with Mohmmadpur P.S. Case No. 130 of 2024.

7. The application stands allowed.

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