Patna High CourtCR. MISC./57037/2024bail granted

Sanjeet Kumar @ Sanjeet Kr. v. The State Of Bihar

2024-08-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57037 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- Excise P.S. District- Araria ====================================================== Sanjeet Kumar @ Sanjeet Kr. SON OF KRITYANAND PASWAN VILLAGE- LAXMIPUR, POST- NABABGANJ, PS- FULKAHA, DISTARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 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 Araria Excise Circle P.S. Case No. 235/2024 dated 04.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 51 litres of illicit Nepali wine was recovered from the two motorcycles out of which total 24 litres of illicit Nepali wine was recovered from the motorcycle of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.57037 of 2024(2) dt.31-08-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said motorcycles. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 15.07.2024 passed in Cr. Misc. No. 50445 of 2024. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.06.2024.

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, Araria in connection with Araria Excise Circle P.S. Case No. 235/2024.

7. The application stands allowed.

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