Patna High CourtCR. MISC./71257/2024bail granted

Akash Kumar v. The State Of Bihar

2024-10-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71257 of 2024 Arising Out of PS. Case No.-803 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Akash Kumar Son of Jay Raj Prasad Singh Resident of Village- Barh Bazar, Purani Durga Sthan, Ward No.-14, P.S.- Barh, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 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 Barh Excise P.S. Case No. 803/2024 dated 26.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 28.080 litres of illicit foreign liquor was recovered from the pithu bag of the petitioner and the co-accused person.

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. The petitioner has no concern with

Patna High Court CR. MISC. No.71257 of 2024(2) dt.01-10-2024 2/2 the alleged recovery. The petitioner has two antecedents and he is on bail in both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 27.08.2024.

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 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, Barh, Patna in connection with Barh Excise P.S. Case No. 803/2024.

7. The application stands allowed.

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