Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71670 of 2024 Arising Out of PS. Case No.-2025 Year-2024 Thana- Excise P.S. District- Patna ====================================================== 1.
Abhishek Kumar S/O Sri Mukesh Kumar R/O Village- Maudahi, P.S.-Bihta, District- Patna.
2.
Amarjeet Kumar S/O Late Nagina Prasad @ Nagina Ray R/O VillageDaulatpur, P.S.-Bihta, District-Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Adv.
For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 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 Excise P.S. Case No. 2025 of 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 200 litres of illicit country made liquor was recovered from the Car.
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 of the seized vehicle. The petitioner no.1 was the driver and the petitioner
Patna High Court CR. MISC. No.71670 of 2024(2) dt.01-10-2024 2/2 no.2 was the co-passenger of the seized vehicle. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner no.1 has one criminal antecedent and petitioner no.2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 27.08.2024.
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, Patna in connection with Excise P.S. Case No. 2025 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T