Patna High CourtCR. MISC./61654/2024bail granted

Sarvendra Kumar @ Savrendra 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.61654 of 2024 Arising Out of PS. Case No.-42 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== Sarvendra Kumar @ Savrendra Kumar Son of Makeshwar Yadav @ Mankeshwar Yadav Resident of Vill- Bhudhar, P.S.- Hasanpur, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, 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 Hasanpur P.S. Case No. 42 of 2022 dated 23.02.2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 126.00 litres of illicit foreign liquor was recovered from the motorcycle and 2.250 litres of illicit foreign liquor was recovered from the Scorpio.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner of the said motorcycle. The name of the petitioner has transpired in this case during investigation.

Patna High Court CR. MISC. No.61654 of 2024(2) dt.28-08-2024 2/2 Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.07.2024.

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, Samastipur in connection with Hasanpur P.S. Case No. 42 of 2022.

7. The application stands allowed.

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