Patna High CourtCR. MISC./67633/2024bail granted

Shyam Kumar @ Shyam Sunder Das v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67633 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- EAST CHAMPARAN GRP CASE District- East Champaran ====================================================== Shyam Kumar @ Shyam Sunder Das S/o Surya Narayan Das @ Suruanarayan Chaupal @ Suraj Das R/o Village - Nashriganj, Nista, POKatka, PS- Singhwara, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rail Motihari P.S. Case No. 55/2024 dated 12.07.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 46.080 litres of illicit foreign liquor was recovered from the bag of the petitioner and co-accused persons.

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 possession of the

Patna High Court CR. MISC. No.67633 of 2024(2) dt.23-09-2024 2/2 petitioner. The petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by this court vide order dated 10.09.2024 passed in Cr. Misc. No. 64341 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.07.2024.

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) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari, in connection with Rail Motihari P.S. Case No. 55/2024.

7. The application stands allowed.

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