Patna High CourtCR. MISC./66154/2024bail granted

Birju v. The State Of Bihar

2024-09-11Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66154 of 2024 Arising Out of PS. Case No.-581 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

Birju S/o Jay Kishan R/o Ashok Vihar Lainpar, P.S.- Lainpar, DistrictBahadurgarh, Haryana 2.

Somvir S/o Late Jawala Prasad R/o Ashok Vihar Lainpar, P.S.- Lainpar, District- Bahadurgarh, Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarfraz Ahmad, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 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 Excise Thana P.S. Case No. 581 of 2024 dated 14.07.2024 registered for the offences punishable u/ss 30(a), 32(1) & (3), 41(1) & (2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 354 litres of illicit foreign liquor was recovered from the middle seat of the car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.66154 of 2024(2) dt.11-09-2024 2/2 implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners are the driver and the khalasi of the said vehicle but 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 15.07.2024.

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, Kaimur at Bhabhua in connection with Excise Thana P.S. Case No. 581 of 2024.

7. The application stands allowed.

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