Patna High CourtCR. MISC./62981/2024bail granted

Piyush Kumar v. The State Of Bihar

2024-09-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62981 of 2024 Arising Out of PS. Case No.-353 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Piyush Kumar S/o- Pappu Ram @ Pappu Prasad Resident of mohallaMaharaj Ganj Rajputana Gali Gulzarbagh, P.S- Alamganj Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sindhu Krishna, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Alamganj P.S. Case No. 353 of 2024 registered under Sections 30(a) and 32(3) of Bihar Excise Act.

3. As per prosecution case, 4.5 liters illicit liquor was recovered from the Scooty of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case merely on suspicion. Petitioner is not named in the FIR. His name has transpired because he is owner of the seized vehicle. Nothing has been recovered from the conscious possession of the petitioner. At the relevant time, the vehicle of the petitioner was taken by co-accused Aniket

Patna High Court CR. MISC. No.62981 of 2024(2) dt.21-09-2024 2/2 Kumar @ Ankit Kumar, and without knowledge and consent of this petitioner, the vehicle was being used for transportation of illicit liquor. Petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Court of Excise, Patna City, Patna in connection with Alamganj P.S. Case No. 353 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T