Patna High CourtCR. MISC./61862/2024bail granted

Chotelal Prasad v. The State Of Bihar

2024-08-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61862 of 2024 Arising Out of PS. Case No.-137 Year-2024 Thana- Excise P.S. District- Saran ====================================================== 1.

Chotelal Prasad S/O Basudeo Prasad R/O Village-Majhar,P.SPakaridayal,District-East Champaran, Bihar. 2.

Shibu Kumar S/O Raj Kumar @ Raj Kumar Ram R/O Village-Dumra Bana, P.S-Pakaridayal,District-East Champaran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 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 Sadar Excise P.S. Case No. 137 of 2024 dated 29.06.2024 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 306 litres of illicit foreign liquor was recovered from the Baleno Car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The said seized vehicle belongs to one Upendra Kumar.

Patna High Court CR. MISC. No.61862 of 2024(2) dt.28-08-2024 2/2 Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged vehicle. The petitioner no.1 has two criminal antecedents and petitioner no.2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 30.06.2024.

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 period of custody, the petitioners abovenamed, are 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, Saran at Chapra in connection with Sadar Excise P.S. Case No. 137 of 2024.

7. The application stands allowed.

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