Patna High CourtCR. MISC./54419/2024bail granted

Vicky Kumar v. The State Of Bihar

2024-07-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54419 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Vicky Kumar S/O Pramod Sah R/O Village-Kharuhi,P.S.-Kundwa Chainpur,Distt-East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2024 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 Kundwa Chainpur P.S. Case 86/2024 dated 20.06.2024 registered for the offences punishable u/s 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act and Section 414 read with 34 of the IPC.

3. As per the prosecution case, total 342 litres of illicit Nepali country-made liquor was recovered from the two motorcycles out of which 171 litres of illicit Nepali countrymade liquor was recovered from the motorcycle of the petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.54419 of 2024(2) dt.29-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the said motorcycle. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.06.2024.

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, East Champaran at Motihari in connection with Kundwa Chainpur P.S. Case 86/2024.

7. The application stands allowed.

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