Patna High CourtCR. MISC./74423/2024bail granted

Naresh @ Narendar Kumar v. The State Of Bihar

2024-10-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74423 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- GAIGHAT District- Muzaffarpur ====================================================== Naresh @ Narendar Kumar S/o Shivji Ramji Resident of Village- Kalipura, PS and PO- Shambharlekh, Distt. - Jaipur (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Choudhary, Adv.

For the Opposite Party/s :

Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 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 Gaighat P.S. Case No. 197 of 2024 dated 05.08.2024 registered for the offences punishable u/ss 30(a) of the Bihar Prohibition and Excise Act and Section 317(2) of the B.N.S.

3. As per the prosecution case, total 341.25 litres of illicit foreign liquor was recovered from the truck of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is only the driver of the said vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this

Patna High Court CR. MISC. No.74423 of 2024(2) dt.18-10-2024 2/2 court vide order dated 18.09.2024 passed in Cr. Misc. No. 66883 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.08.2024.

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, Muzaffarpur in connection with Gaighat P.S. Case No. 197 of 2024 with the condition :- (i) One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

7. The application stands allowed.

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