Patna High CourtCR. MISC./68399/2024bail granted

Kishan Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68399 of 2024 Arising Out of PS. Case No.-882 Year-2024 Thana- Excise P.S. District- Kishanganj ====================================================== Kishan Kumar Son of Late Ashwani Kumar Ray Resident of villageSaranjandih, PS- Saranjandih, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 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 Excise P.S. Case No. 882 of 2024 dated 25.07.2024 registered for the offences punishable u/ss 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 711 litres of illicit foreign liquor was recovered from the Bolero pick-up vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner but the driver the seized vehicle. The name of the petitioner has transpired in this case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.68399 of 2024(2) dt.24-09-2024 2/2 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.

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, Kishanganj in connection with Excise P.S. Case No. 882 of 2024.

7. The application stands allowed.

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