Patna High CourtCR. MISC./73626/2024bail granted

Raushan Kumar v. The State Of Bihar

2024-10-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73626 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Raushan Kumar Son of Sundeshwar Chaudhary R/o village -Amawa tola ward no 4 , ps - kundwachainpur , District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 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 Kundwachainpur P.S. Case No. 96 of 2024 dated 09.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the B.N.S.

3. As per the prosecution case, total 1602 litres of illicit Nepali liquor was recovered from the two motorcycles and one Bolero vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the

Patna High Court CR. MISC. No.73626 of 2024(2) dt.18-10-2024 2/2 confessional statement of the co-accused, Sakib Ali. The petitioner is not the owner of the said vehicles and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 10.09.2024 passed in Cr. Misc. No. 64661 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.08.2024.

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, East Champaran, Motihari in connection with Kundwachainpur P.S. Case No. 96 of 2024.

7. The application stands allowed.

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