Patna High CourtCR. MISC./60751/2024bail granted

Vijay Prasad Kushwaha v. The State Of Bihar

2024-08-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60751 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Vijay Prasad Kushwaha son of Jaynarayan Prasad Village -Semri Bhawanipur Police station -Nawalpur District -west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 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 Chanpatiya P.S. Case No. 136 of 2024 dated 25.05.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 115.900 litres of illicit foreign liquor was recovered from the motorcycle tied in a sack and cartoon.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The recovery has been made from the motorcycle which is accessible to anyone. Nothing has been recovered from

Patna High Court CR. MISC. No.60751 of 2024(2) dt.21-08-2024 2/2 the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.07.2024.

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 nature of allegation levelled against the petitioner and the recovery of liquor, 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/Exclusive Special Judge, Excise-1, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 136 of 2024.

7. The application stands allowed.

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