Patna High CourtCR. MISC./74000/2024bail granted

Horil Kumar v. The State Of Bihar

2024-10-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 74000 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Horil Kumar Son of Nandu Chauhan Resident of village- Budhan Bigha, P.S.- Pakri Barawan, District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Adv For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 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 Excise Pakri Barawan P.S. Case No. 141 of 2024 dated 17.07.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 180 litres of illicit country made liquor was recovered near the Budhan Bigha canal.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No. 74000 of 2024(2) dt.08-10-2024 2/2 recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.07.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Nawada, in connection with Excise Pakri Barawan P.S. Case No. 141 of 2024.

7. The application stands allowed.

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