Patna High CourtCR. MISC./72791/2024bail granted

Mukesh Sah v. The State Of Bihar

2024-10-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72791 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- Excise P.S. District- Supaul ====================================================== 1.

Mukesh Sah S/o Shiv Narayan Sah R/o Village- Paikpar (ward no.08), P.S.- Bhargama, District- Araria 2.

Debashish Yadav S/o Late Lakshman Lal Yadav R/o Village- Santinagar, P.S.- Dalkola, District- Uttar Dinapur (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha, Adv For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 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 Triveniganj Excise P.S. Case No. 56 of 2024 dated 12.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 180 litres of illicit foreign liquor was recovered from the Scorpio.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the

Patna High Court CR. MISC. No.72791 of 2024(2) dt.07-10-2024 2/2 alleged recovery. The petitioners are not the owner of the said seized vehicle. The petitioner no. 2 is the driver of the said vehicle and the petitioner no. 1 has taken lift. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 12.07.2024.

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 nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul, in connection with Triveniganj Excise P.S. Case No. 56 of 2024.

7. The application stands allowed.

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