Patna High CourtCR. MISC./67663/2024bail granted

Saurav Kumar v. The State Of Bihar

2024-10-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67663 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- Telta District- Katihar ====================================================== Saurav Kumar son of Kishan Lal Das Village- Bhatheli, Ward no. 2, PsJalalgarh, dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Adv.

For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-10-2024 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 Telta P.S. Case No. 29 of 2024 dated 25.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 25(1B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, during the course of patrolling, when the informant reached 100 metres away from Kirora Panchayat Bhawan, he saw that one four wheeler was coming from Kirora Gram and on seeing the police party, the driver of the said vehicle started to flee away but the said car was stopped by the police party in which two persons were

Patna High Court CR. MISC. No.67663 of 2024(3) dt.25-10-2024 2/3 apprehended by police and they disclosed their name as Subhashish Kumar Bhardwaj (the co-accused) and Saurav Kumar (the petitioner). On search, total 313.39 litres of illicit foreign liquor was recovered from the seat and the dickey of the Hyundai Car. One loaded country made pistol and six live cartridges were also recovered from the first aid box of the car.

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 conscious possession of the petitioner. It is further submitted that the petitioner is neither the owner nor the driver of the said vehicle and he has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.07.2024. The coaccused, Subhashish Kumar Bhardwaj has been rejected by this Court vide order dated 18.09.2024 passed in Cr. Misc. No. 65285 of 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

Patna High Court CR. MISC. No.67663 of 2024(3) dt.25-10-2024 3/3 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 Tetla P.S. Case No. 29 of 2024.

7. The application stands allowed.

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