Patna High CourtCR. MISC./56883/2024bail granted

Sudhir 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.56883 of 2024 Arising Out of PS. Case No.-231 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Sudhir Kumar Son of Munna Singh @ Munna Yadav Resident of VillageKalpokhar, P.O. - Mahila, P.S. - Itarhi, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, 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 Excise (Buxar) P.S. Case No. 231 of 2024 dated 20.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 36 litres of illicit country-made liquor was recovered from the motorcycle which was kept between the petitioner and the co-accused person.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said motorcycle. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.56883 of 2024(2) dt.07-08-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2024.

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, Buxar in connection with Excise (Buxar) P.S. Case No. 231 of 2024.

7. The application stands allowed.

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