Patna High CourtCR. MISC./66639/2024bail granted

Deepak Kumar v. The State Of Bihar

2024-09-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66639 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- KADWA District- Katihar ====================================================== 1.

Deepak Kumar S/O Ashok Modi R/O Village- Sadhua (Sadhwa) (Saghwa), Ward No. 9, P.S- Rangra, Distt.- Bhagalpur.

Bechan Kumar S/O Ajay Modi R/O Village- Sadhua (Sadhwa) (Saghwa), Ward No. 9, P.S- Rangra, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 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 Kadwa P.S. Case No. 161 of 2024 dated 30.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 151.575 litres of illicit foreign liquor was recovered from the car.

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 mother of the

Patna High Court CR. MISC. No.66639 of 2024(2) dt.18-09-2024 2/2 petitioner no. 1 is the owner of the said vehicle and the petitioners have no concern with 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 31.07.2024.

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, Katihar in connection with Kadwa P.S. Case No. 161 of 2024.

7. The application stands allowed.

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