Patna High CourtCR. MISC./67640/2024bail granted

Upendra Kumar v. The State Of Bihar

2024-10-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67640 of 2024 Arising Out of PS. Case No.-260 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Upendra Kumar Son of Late Ranjit Prasad Resident of Village / MohallaWard No.2, Purani Shahar Daudnagar, P.S.- Daudnagar, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-10-2024 Heard the learned counsel for the parties.

2. The petitioner seeks regular bail in connection with Daudnagar P.S. Case No. 260 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, the recovery is of 307.80 litres of illicit country made liquor was recovered from the Indigo car.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. The petitioner has one criminal antecedent in which he is on bail. The petitioner has no concern with the alleged recovery. The petitioner is neither owner nor driver of the seized car. Similarly situated co-accused has already been granted regular bail by a

Patna High Court CR. MISC. No.67640 of 2024(3) dt.07-10-2024 2/2 coordinate Bench of this Court vide order dated 22.12.2020 passed in Cr. Misc. No. 35536 of 2020. Petitioner is in custody since 12.07.2024.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and also considering the period of custody, this application for regular bail is allowed.

7. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise Court Second, Aurangabad (Bihar), in connection with Daudnagar P.S. Case No. 260 of 2020, subject to the condition that the petitioner will mark his attendance at Daudnagar Police Station on First and Third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Ranjeet/- U T