Patna High CourtCR. MISC./65564/2024bail granted

Sarjun 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.65564 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Sarjun Kumar Son of Kapil Rikiyasan Resident of Village - Bankat, P.S. - Amas, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise (Sherghati) P.S. Case No. 128 of 2024 registered for the offences punishable u/s 30(a) and 32(3)of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 150 litres of illicit country made liquor was recovered from the plastic sacks which was kept on the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said seized

Patna High Court CR. MISC. No.65564 of 2024(2) dt.11-09-2024 2/2 vehicle. The name of the petitioner has transpired merely on the basis of the suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.08.2024

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Gaya in connection with Excise (Sherghati) P.S. Case No. 128 of 2024.

7. The application stands allowed.

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