Patna High CourtCR. MISC./65981/2024bail granted

Bhola 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.65981 of 2024 Arising Out of PS. Case No.-426 Year-2024 Thana- JAKKANPUR District- Patna ====================================================== Bhola Kumar Son of Late Dilip Prasad Resident of Chandmari Road, Near Durga Mandir, P.S.- Kankarbagh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajeev, Adv.

For the Opposite Party/s :

Mr.Kanhiya Kishor, 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 Jakkanpur P.S. Case No. 426 of 2024 dated 06.08.2024 registered for the offences punishable u/ss 30(a), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1543.520 litres of illicit foreign liquor was recovered from the room of the coaccused.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.65981 of 2024(2) dt.11-09-2024 2/2 possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from the house of the co-accused, Sagar Kumar. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.08.2024.

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 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, Patna in connection with Jakkanpur P.S. Case No. 426 of 2024.

7. The application stands allowed.

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