Patna High CourtCR. MISC./56685/2024bail granted

Prakash Kumar Jat @ Prakash Jat @ Prakash 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.56685 of 2024 Arising Out of PS. Case No.-303 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== PRAKASH KUMAR JAT @ PRAKASH JAT @ PRAKASH KUMAR S/O KISHANLAL JAT R/O VILLAGE- LAUHARIYA, P.S- BHADESHAR, DISTT.- CHITTAURGARH, STATE- RAJASTHAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Ms. Asha Devi, 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 Saraiya P.S. Case No. 303 of 2024 dated 28.06.2024 registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2)of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 2851.02 litres of illicit foreign liquor was recovered from the truck.

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

Patna High Court CR. MISC. No.56685 of 2024(2) dt.07-08-2024 2/2 of the petitioner. The petitioner is not the owner of the seized vehicle. 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, Muzaffarpur in connection with Saraiya P.S. Case No. 303 of 2024.

7. The application stands allowed.

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