Patna High CourtCR. MISC./74310/2024bail granted

Birendra Kumar Saw v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74310 of 2024 Arising Out of PS. Case No.-286 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Birendra Kumar Saw Son of Late Kishun Saw R/O Vill.- Beltu, P.S.- Keredari, Dist.- Hazaribagh, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Renu Kumari, 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 (Buxar) P.S. Case No. 286 of 2024 dated 08.09.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 90.360 litres of illicit foreign liquor was recovered from the auto-rickshaw.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner but he is the driver of the seized vehicle. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the

Patna High Court CR. MISC. No.74310 of 2024(2) dt.08-10-2024 2/2 alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.09.2024.

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, Buxar in connection with Excise (Buxar) P.S. Case No. 286 of 2024.

7. The application stands allowed.

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