Patna High CourtCR. MISC./67501/2024bail granted

Chhotu Kumar v. The State Of Bihar

2024-09-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67501 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- BALRAMPUR District- Katihar ====================================================== 1.

Chhotu Kumar Son of Hrinandan Yadav Resident of Village-Tamwa, PSChhatapur, District- Supaul 2.

Ajay Sarkar Son of Suren Sarkar Resident of Village- Dalkola Loknathpara, Ward No. 9, P.S.- Dalkola, Distt.- North Dinajpur (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Balrampur P.S. Case No. 98 of 2024 dated 04.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 162 litres of illicit foreign liquor was recovered from the Car.

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

Patna High Court CR. MISC. No.67501 of 2024(2) dt.23-09-2024 2/2 seized vehicle. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has one criminal antecedent and the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 05.08.2024

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

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners 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, Katihar, in connection with Balrampur P.S. Case No. 98 of 2024.

7. The application stands allowed.

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