Patna High CourtCR. MISC./61079/2024bail granted

Mahesh Kumar v. The State Of Bihar

2024-08-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61079 of 2024 Arising Out of PS. Case No.-456 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== 1.

Mahesh Kumar S/o Ram Naresh Yadav R/o vill - Saidabad, P.O. - Mohanpur, P.s. - Raghopur, Distt. - Vaishali 2.

Jitendra Kumar S/o Late Rajgir Rai R/o vill - Saidabad, P.O. - Mohanpur, P.S. - Raghopur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Adv For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 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 Siwan Excise P.S. Case No. 456 of 2024 dated 28.07.2024 registered for the offences punishable u/s 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 135.180 litres of illicit foreign liquor was recovered from the Honda City.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the

Patna High Court CR. MISC. No.61079 of 2024(2) dt.27-08-2024 2/2 alleged recovery. The petitioners are not the owner of the said seized vehicle and the same was not being driven by them at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 29.07.2024.

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, Siwan, in connection with Siwan Excise P.S. Case No. 456 of 2024.

7. The application stands allowed.

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