Patna High CourtCR. MISC./70636/2024bail granted

Gopal Kashyap v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70636 of 2024 Arising Out of PS. Case No.-882 Year-2024 Thana- Excise P.S. District- Kishanganj ====================================================== 1.

Gopal Kashyap S/O Sri Barun Singh R/O Village-Muriyaro, PS-Angarghat, Distt-Samastipur 2.

Luv Kumar Pandey S/O Sri Ramchandra Pandey R/O Village-Hajpurwa,PSBalishnagar,Distt-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, 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 petitioners and learned A.P.P. for the State.

2. The petitioners have 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 1251 litres of illicit foreign liquor was recovered from two vehicles.

4. Learned counsel for the petitioners has submitted that the petitioner are innocent and have falsely been implicated in this case. The petitioners are not the owner but they are the

Patna High Court CR. MISC. No.70636 of 2024(2) dt.30-09-2024 2/2 driver of the seized vehicles. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 25.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are 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, Kishanganj in connection with Excise P.S. Case No. 882 of 2024.

7. The application stands allowed.

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