Binay Bhagat @ Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71166 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== Binay Bhagat @ Binay Kumar Son of Late Pramanand Bhagat R/O Vill.- Madhali Diyara, Ward no. 11, P.S.- Alamnagar, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad , Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State .

2. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise (Amendment ) Act 2018.

3 . As per the prosecution case , 113.25 litres of illegal foreign liquor was recovered from house of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner. Petitioner claims clean antecedent. Petitioner is in custody since 24.07.2024 . Chargesheet has already been submitted.

5 . Learned A.P.P. for the State vehemently opposed the bail application .

6. Considering the nature of accusation and period of

Patna High Court CR. MISC. No.71166 of 2024(2) dt.19-12-2024 2/2 custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge - VII- cum- Special Judge Excise IInd Madhepura in connection with Alam Nagar P. S. Case No. 237 of 2024 . (Prabhat Kumar Singh, J) Koushik/- U T