Patna High CourtCR. MISC./71592/2024bail granted

Akash Kumar v. The State Of Bihar

2024-10-23Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71592 of 2024 Arising Out of PS. Case No.-328 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Akash Kumar, (Male), son of Naresh Bhagat @ Naresh Nirala @ Ram Naresh Nirala, R/O-Village- Chakarjani Baksama, P.S.- Goraul (O.P. Katahara OP), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-10-2024 Learned counsel for the petitioner seeks permission to make necessary correction in the cause title with regard to name of the district of which the petitioner is the resident.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner apprehends arrest in connection with Goraul (OP Katahara) PS Case No.328 of 2024 dated 24.08.2024, instituted under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2022.

4. The allegation is of recovery of 1026.915 litres Indian made foreign liquor from the Pickup Van bearing registration no. BR 10 GA 9583 standing in the bamboo field of Meghu Bhagat.

Patna High Court CR. MISC. No.71592 of 2024(2) dt.23-10-2024 2/2

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has not been arrested at the spot. Nothing has been recovered either from conscious possession or from the house of the petitioner. Petitioner is neither the owner nor the driver of the Pickup Van and the same does not belong to him. Lastly, it is submitted that the petitioner has clean antecedents.

6. Learned APP has opposed the prayer for bail.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1 cum Additional District & Sessions Judge, Vaishali at Hajipur, in Goraul PS Case No.328 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

8. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T