Patna High CourtCR. MISC./58760/2024bail granted

Raja Kumar v. The State Of Bihar

2024-08-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58760 of 2024 Arising Out of PS. Case No.-289 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Raja Kumar S/O-Ram Parvesh Singh R/V- Village- Ganiyari, P.S.- Sakra, Distt.- Muzaffarpur 2.

Golu Kumar Son of Mahendra Mahto R.V- Village- Bela, Badh Chowk, Dawarila Lane, P.S.- Bela, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Koilwar P.S. Case No. 289/2024 dated 12.07.2024 registered for the offence punishable u/s 318(4), 338, 336(3), 340(2), 6, 2 of the BNS and Sections 30(a), 32(1)(2), 41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3402 litres of illicit foreign liquor of different brands were recovered from the truck.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.58760 of 2024(2) dt.13-08-2024 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioner no.1 is driver and the petitioner no. 2 is co-driver of the said truck. The petitioner no. 1 has clean antecedent whereas the petitioner no. 2 is accused in one more criminal case as stated in para 3 of the bail petition. The petitioners are in custody since 13.07.2024 as stated in para 12 of the bail petition.

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 period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 289/2024.

7. The application stands allowed.

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