Patna High CourtCR. MISC./67587/2024bail granted

Kamlesh Rai v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67587 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- TISIAUTA District- Vaishali ====================================================== Kamlesh Rai S/o- Late Ram Chandra Rai Vill- Mohanpur Dhanraj PS- Mahua District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-09-2024 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 Tisiauta P.S. Case No. 97 of 2024 dated 13.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 333 litres of illicit foreign liquor was recovered from the Truck and one motorcycle was also recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The petitioner is driver of the said seized vehicle.

Patna High Court CR. MISC. No.67587 of 2024(2) dt.23-09-2024 2/2 Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.08.2024.

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 above named, 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, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 97 of 2024.

7. The application stands allowed.

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