Patna High CourtCR. MISC./61686/2024bail granted

Gulshan 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.61686 of 2024 Arising Out of PS. Case No.-389 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Gulshan Kumar Son of Manoj Ray @ Manoj Kumar R/O Vill.- Bhergrha, P.S.- Sakra, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Md. Aslam Ansari, 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 Sakra P.S. Case No. 389 of 2024 dated 28.07.2024 registered for the offences punishable under Sections 30(a), 32(1)(2) and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 343.08 litres of illicit foreign liquor was recovered from the Bolero Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle. The name of the petitioner has come in this case on mere suspicion. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.61686 of 2024(2) dt.28-08-2024 2/2 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 28.07.2024.

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, Muzaffarpur in connection with Sakra P.S. Case No. 389 of 2024.

7. The application stands allowed.

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