Patna High CourtCR. MISC./66633/2024bail granted

Rakesh Kumar Srivastava v. The State Of Bihar

2024-09-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66633 of 2024 Arising Out of PS. Case No.-261 Year-2024 Thana- SIMRI District- Buxar ====================================================== Rakesh Kumar Srivastava Son of Yogendra Prasad Srivastava R/o VillageSahiyar, P.S.- Simari, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarjeet Choudhary,Adv.

For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 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 Simari (Dera) P.S. Case No. 261 of 2024 dated 06.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 19.2 litres of illicit foreign liquor was recovered from the bag in the possession of the petitioner and the dickey of 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 is the owner of the said vehicle but he has no concern with the alleged recovery. Nothing has been

Patna High Court CR. MISC. No.66633 of 2024(2) dt.18-09-2024 2/2 recovered from the conscious possession of the petitioner. 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, Buxar in connection with Simari (Dera) P.S. Case No. 261 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U