Patna High CourtCR. MISC./61398/2024bail granted

Santosh Chaudhary @ Santosh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61398 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Santosh Chaudhary @ Santosh Kumar Son of Shankar Chaudhary Resident of Village - Bhawanipur, Police Station - Kundawa Chainpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

Ms. Divya Bharti, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 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 Kundava Chainpur P.S. Case No. 77 of 2024 dated 03.06.2024 registered for the offences punishable u/ss 30(a), 32 and 42(1) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 780 litres of illicit Nepali Saufi was recovered from the two motorcycles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the seized motorcycles.

Patna High Court CR. MISC. No.61398 of 2024(2) dt.28-08-2024 2/2 The name of the petitioner was disclosed by the local person. The recovery was made from an open place that is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.06.2024.

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, East Champaran in connection with Kundava Chainpur P.S. Case No. 77 of 2024.

7. The application stands allowed.

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