Patna High CourtCR. MISC./64215/2024bail granted

Kundan Yadav v. The State Of Bihar

2024-09-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64215 of 2024 Arising Out of PS. Case No.-259 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Kundan Yadav Son of Gulab @ Gulab Yadav Resident of Village -Garhia Mohan, PS- Tareya Sujan, Distt.- Kushinagar 2.

Rahul Kumar Bharti Son of Jitendra @ Jeetendra Bharti Resident of Village -Garhia Mohan, PS- Tareya Sujan, Distt.- Kushinagar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Kumar, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Kuchaikote P.S. Case No. 259 of 2024 dated 17.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 333.4 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners are

Patna High Court CR. MISC. No.64215 of 2024(2) dt.10-09-2024 2/2 neither the owner nor the rider of the said vehicle and they have no knowledge about the aforesaid seized liquor. 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 17.06.2024.

5. Learned A.P.P. for the State has 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 above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Kuchaikote P.S. Case No. 259 of 2024.

7. The application stands allowed.

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