Patna High CourtCR. MISC./78818/2024bail granted

Sanjeev Kumar v. The State Of Bihar

2024-11-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78818 of 2024 Arising Out of PS. Case No.-390 Year-2024 Thana- Excise P.S. District- Banka ====================================================== Sanjeev Kumar Son of Gajendra Yadav @ Gajendra Prasad Yadav Resident of Village- Ratanpura, Ward No.-05, P.S.-Gheladh, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 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 Banka Excise P.S Case No. 390/2024 dated 12.09.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 116.925 litres of illicit foreign liquor was recovered from the car.

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 neither the owner nor the driver of the said vehicle. The other co-accused persons

Patna High Court CR. MISC. No.78818 of 2024(2) dt.13-11-2024 2/2 have already been granted bail by this court vide order dated 07.10.2024 passed in Cr. Misc. No. 72735/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.09.2024.

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, Banka in connection with Banka Excise P.S Case No. 390/2024 .

7. The application stands allowed.

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