Patna High CourtCR. MISC./64716/2024bail granted

Shambhu Bin @ Shambhu Bind v. The State Of Bihar

2025-01-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64716 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- DURAULI District- Siwan ====================================================== 1.

Shambhu Bin @ Shambhu Bind Son of Dudh Nath Bin Resident of Village - Balahu Tola Tadi, P.S.- Darauli, District - Siwan 2.

Dilip Bin @ Dilip Bind Son of Ram Pyare Bin Resident of Village - Balahu Tola Tadi, P.S.- Darauli, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi, Adv For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2025 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 Darauli P.S. Case No. 133 of 2024 dated 13.05.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 200 litres of country made liquor was recovered from three sacks.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the

Patna High Court CR. MISC. No.64716 of 2024(3) dt.10-01-2025 2/2 alleged recovery. Similarly situated co-accused has already been granted bail by this court vide order dated 16.12.2024 passed in Cr. Misc. No. 66367 of 2024. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has three criminal antecedents and the petitioner no. 2 has two criminal antecedents as stated in para 3 of the bail petition. The petitioner no. 1 is in custody since 05.07.2024 and the petitioner no. 2 is in custody since 05.07.2024.

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 nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan, in connection with Darauli P.S. Case No. 133 of 2024.

7. The application stands allowed.

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