Patna High CourtCR. MISC./70367/2024bail granted

Akash Kumar v. The State Of Bihar

2024-09-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70367 of 2024 Arising Out of PS. Case No.-429 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Akash Kumar S/O Ghamandi Ray R/O Village- Mahaji Tola, P.S- Salinpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Budhilal Yadav, Adv.

For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the bail petition in course of the day.

3. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 429 of 2024 dated 18.07.2024 registered for the offences punishable u/ss 30(a) and 32(3)of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 243 litres of illicit foreign liquor was recovered from the Bolero vehicle.

5. 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

Patna High Court CR. MISC. No.70367 of 2024(2) dt.30-09-2024 2/2 of the petitioner. The petitioner is not the owner but the driver of the seized vehicle. The petitioner 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 19.07.2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Siwan in connection with Excise P.S. Case No. 429 of 2024.

8. The application stands allowed.

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