Patna High CourtCR. MISC./65850/2024bail granted

Amit Kumar v. The State Of Bihar

2024-09-11Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65850 of 2024 Arising Out of PS. Case No.-308 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Amit Kumar Son of Risal Rajak @ Russal Rajak R/o Digha Ashiyana Road, P.S.- Rajiv Nagar, District- Patna 2.

Gautam Kumar Son of Bharausi Singh R/O- Digha, P.S- Digha, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 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 Udwantnagar (Gajrajganj) P.S. Case No. 308 of 2024 dated 20.07.2024 registered for the offences punishable u/s 281 and 106(1) of the Bhartiya Nyay Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 271.08 litres of illicit foreign liquor was recovered from two thela.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.65850 of 2024(2) dt.11-09-2024 2/2 this case. The other co-accused person has already been granted bail by this court vide order dated 28.08.2024 passed in Cr. Misc. No. 61477/2024. The petitioners are not the owner of the said vehicles. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 21.07.2024.

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 period of custody, the petitioners abovenamed, are 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, Bhojpur, Ara in connection with Udwantnagar (Gajrajganj) P.S. Case No. 308 of 2024.

7. The application stands allowed.

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