Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61185 of 2024 Arising Out of PS. Case No.-732 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Dilkhush Kumar Son of Mohan Paswan Resident of Village - Kedali Kala, P.S. - Hanterganj, District - Chatra (Jharkhand) ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Yogesh Kumar For the Opposite Party :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2024 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 P.S. Case 732/2024 dated 20.07.2024 registered for the offences punishable u/s 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 152.64 litres of illicit foreign liquor was recovered from the dickey of the Maruti Suzuki Dzire car.

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

Patna High Court CR. MISC. No.61185 of 2024(2) dt.09-09-2024 2/2 possession of the petitioner. The petitioner is driver of the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.07.2024.

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 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, Gaya in connection with Excise P.S. Case 732/2024.

7. The application stands allowed.

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