Patna High CourtCR. MISC./79441/2024bail granted

Rahul 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.79441 of 2024 Arising Out of PS. Case No.-390 Year-2024 Thana- Excise P.S. District- Banka ====================================================== Rahul Kumar Son of Birendra Prasad Yadav @ Birendra Yadav Resident of Village- Baijnathpur Ward No-07, Police Station - Saurbazar (Baiznathpur), District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar, Adv For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== 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 of 2024 dated 12.09.2024 registered for the offence/s 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. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said seized vehicle but the same was being driven by him at the time of the

Patna High Court CR. MISC. No.79441 of 2024(2) dt.13-11-2024 2/2 alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Similar situated coaccused persons have already been granted bail by this Court vide order dated 07.10.2024 passed in Cr. Misc. No. 72735 of 2024. The petitioner has one criminal 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) each 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 of 2024.

7. The application stands allowed.

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