Aakash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54662 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== 1.

Aakash Prasad Son Of Surendra Mahto Resident Of Village - Hadsa, P.S. - Hisua, District - Nawada 2.

Rakesh Kumar Son Of Krishna Choudhary Resident Of Village - Hadsa, P.S. - Hisua, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, 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 Parandabar P.S. Case No. 126 of 2024 dated 31.05.2024 registered for the offences punishable u/s 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 34.50 litres of illicit foreign liquor and one mobile phone were recovered from the Pick-up van and 39.60 litres of illicit foreign liquor was

Patna High Court CR. MISC. No.54662 of 2024(2) dt.30-07-2024 2/3 recovered from the dickey of the car.

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 pick-up vehicle. The petitioner no. 1 is the driver and the petitioner no. 2 is co-driver of the said vehicle 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 petitioner has not concerned with the said car. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 01.06.2024.

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, Nawada, in connection with Parandabar P.S. Case No. 126 of 2024.

Patna High Court CR. MISC. No.54662 of 2024(2) dt.30-07-2024 3/3

7. The application stands allowed.

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