Patna High CourtCR. MISC./57074/2024bail granted

Shikandar Kumar v. The State Of Bihar

2024-08-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57074 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== 1.

Shikandar Kumar Son Of Sri Mahangu Rai Resident Of Village - Talwa Pokhar, P.S. - Kotwa, District - West Champaran 2.

Kundan Kumar Son Of Sri Rekha Prasad Yadav Resident Of Village - Bajhiya Kala, P.S. - Kotawa, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 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 Sripur P.S. Case No. 94 of 2024 dated 12.06.2024 registered for the offences punishable u/s 414 of the I.P.C and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 154.980 litres of illicit foreign liquor was recovered from the Bolero vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the

Patna High Court CR. MISC. No.57074 of 2024(2) dt.07-08-2024 2/2 alleged recovery. The petitioners are not the owner of the said seized vehicle. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has one criminal antecedent and the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.06.2024.

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, Gopalganj, in connection with Sripur P.S. Case No. 94 of 2024.

7. The application stands allowed.

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