Bholi Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59688 of 2024 Arising Out of PS. Case No.-602 Year-2024 Thana- Excise P.S. District- West Champaran ====================================================== 1.

Bholi Bin S/O Parsan Bin R/o - Kailash Nagar, ward no. 7, P.S- Patkhouli, Distt.- West Champaran.

2.

Grahan Sahani S/O Shiv Ratan Mallah @ Shiv Ratan Sahni R/o - Kailash Nagar, P.S- Patkhouli, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 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 Bagaha Excise P.S. Case No. 602 of 2024 dated 01.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 65.700 litres of illicit foreign liquor was recovered from the possession of the Petitioner No.1 Bholi Bin and 60.48 litres of illicit foreign liquor was recovered from the possession of the Petitioner No. 2 Grahan Sahani.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.59688 of 2024(2) dt.21-08-2024 2/2 that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has clean antecedent and the petitioner no. 2 has three antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 01.07.2024.

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 nature of allegation levelled against the petitioners and the period of custody, the petitioners 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, West Champaran, in connection with Bagaha Excise P.S. Case No. 602 of 2024.

7. The application stands allowed.

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