Patna High CourtCR. MISC./57151/2024bail granted

Shashi Bhushan Azad v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57151 of 2024 Arising Out of PS. Case No.-165 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Shashi Bhushan Azad S/O Late Ram Padarath Ray @ Ram Padarath Yadav @ Ram Padath Yadav R/O Vill - Kharaaj (HAKIMABAD Tara), P.S. - Muffasil, District - Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Adv For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 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 Samastipur Sadar Excise P.S. Case No. 165 of 2024 dated 31.05.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 24 litres of illicit foreign liquor was recovered behind the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open place

Patna High Court CR. MISC. No.57151 of 2024(2) dt.07-08-2024 2/2 which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.07.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Samastipur in connection with Samastipur Sadar Excise P.S. Case No. 165 of 2024.

7. The application stands allowed.

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