Patna High CourtCR. MISC./73879/2024bail granted

Randhir 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.73879 of 2024 Arising Out of PS. Case No.-255 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Randhir Kumar Ramprit Mahto @ Bindeshwar Mahto Resident of VillageBarbatta, P.S.- Musarigharari, District- Samastipur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gajendra Kumar Singh For the Opposite Party :

Mr. Shyameshwar Dayal ====================================================== 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 Ujiyarpur P.S. Case No. 255/2024 dated 18.09.2024 registered for the offences punishable u/s 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 485.865 litres of illicit foreign liquor was recovered from the Scorpio.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is driver of the said

Patna High Court CR. MISC. No.73879 of 2024(2) dt.08-10-2024 2/2 vehicle. The petitioner has no concern with the alleged recovery. The petitioner has six antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.09.2024.

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, Samastipur in connection with Ujiyarpur P.S. Case No. 255/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

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