Patna High CourtCR. MISC./67441/2024bail granted

Shambhu Nath Bin v. The State Of Bihar

2024-09-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67441 of 2024 Arising Out of PS. Case No.-199 Year-2024 Thana- DURAULI District- Siwan ====================================================== Shambhu Nath Bin S/o Dudh Nath Bin Resident Of Village- Balahu Tola Tadi, Ps -darauli, Distt. - 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 21-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Darauli P.S. Case No. 199/2024 dated 28.06.2024 registered for the offence punishable u/s 30(a) and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 307 litres of illicit country-made liquor was recovered out of which 302 litres of illicit country-made liquor was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case

Patna High Court CR. MISC. No.67441 of 2024(2) dt.21-09-2024 2/2 on mere suspicion. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 29.06.2024. The co-accused has been granted regular bail by this Court vide order dated 29.07.2024 passed in Cr. Misc. No. 54412 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is 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, Siwan, in connection with Darauli P.S. Case No. 199/2024.

7. The application stands allowed.

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