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Patna High CourtCR. MISC./79117/2024bail granted

Anil Kumar v. The State Of Bihar

2025-01-10Mr. Justice S. B. P. Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79117 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- PATKHAULI District- West Champaran ====================================================== Anil Kumar Son of Late Mohan Ram R/o-Village- Bankatwa Ward No.19 ,Bagaha, DistT.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Adv.

For the Opposite Party/s :

Mr. Madan Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per allegation in the FIR, petitioner and coaccused Saheb Yadav were coming on a motorcycle on which two jute bags containing 150 litres country made liquor were kept. Police apprehended both the accused persons on spot and seizure list was prepared accordingly.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The seized motorcycle does not belong to the petitioner. In fact, petitioner has taken lift from co-accused Saheb Yadav for going

Patna High Court CR. MISC. No.79117 of 2024(3) dt.10-01-2025 2/2 to Bagaha. Co-accused, namely, Saheb Yadav has already been enlarged on bail by this Court vide order dated 02.12.2024 passed in Cr. Misc. No. 79561 of 2024. Petitioner is languishing in judicial custody since 27.08.2024.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner has one criminal antecedent of like nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha, West Champaran in connection with Pathkauli P.S. Case No. 122 of 2024.

(S. B. Pd. Singh, J) sushma/- U T