Patna High CourtCR. MISC./67912/2024bail granted

Sankaj Singh v. The State Of Bihar

2024-09-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67912 of 2024 Arising Out of PS. Case No.-175 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

SANKAJ SINGH SON OF BRIJ BHUSHAN SINGH R/O VILL.- VIDAYA BHAWAN NARAINPUR, P.S.- BASDIH KOTWALI, DISTRICTBALIYA, U.P. 2.

SAURAV KUMAR SON OF LATE VIJAY PRASAD R/O MOHALLAPATEL NAGAR SNETHI PATH, P.S.- SHASTRI NAGAR, DIST.- PATNA, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 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 Excise P.S. Case No. 175 of 2024 dated 07.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 302.400 litres of illicit foreign liquor was recovered from the Scorpio Car.

4. Learned counsel for the petitioners has submitted that the petitioner are innocent and have falsely been implicated in this case. The petitioner no.1 is the driver and the petitioner no.2 is the co-passenger of the Car. Nothing has been recovered from the

Patna High Court CR. MISC. No.67912 of 2024(2) dt.24-09-2024 2/2 conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 07.08.2024.

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 period of custody, the petitioners abovenamed, 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, Bhojpur at Ara in connection with Excise P.S. Case No. 175 of 2024.

7. The application stands allowed.

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