Patna High CourtCR. MISC./55265/2024bail granted

Sharwan Kumar @ Shrawan Kumar v. The State Of Bihar

2024-08-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55265 of 2024 Arising Out of PS. Case No.-394 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Sharwan Kumar @ Shrawan Kumar Son of Bhageran Rai Resident of Village - Saidpur, P.S.- Dariyapur, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2024 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 Siwan Excise P.S. Case No. 394 of 2024 dated 27.06.2024 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 166.80 litres of foreign liquor were recovered from the pickup auto.

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 possession of the petitioner. The petitioner is the owner of the

Patna High Court CR. MISC. No.55265 of 2024(2) dt.05-08-2024 2/2 said vehicles. The said vehicle was being driven by the petitioner at the time of the alleged occurrence. The petitioner has no concern with the alleged vehicle. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.06.2024.

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, Siwan in connection with Siwan Excise P.S. Case No. 394 of 2024.

7. The application stands allowed.

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