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Patna High CourtCR. MISC./83103/2024bail granted

Ashok Kumar v. The State Of Bihar

2024-12-04Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83103 of 2024 Arising Out of PS. Case No.-619 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Ashok Kumar S/o- Ram Pratap Singh Village- Gannipur Beja P.S.- Sakara Dist-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-12-2024 Heard Mr. Raju Kumar, learned counsel for the Petitioner and Mr. Arun Kumar, learned APP for the State.

2. Petitioner seeks regular bail in connection with Siwan Excise P.S. Case No. 619 of 2024 dated 09.10.2024 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise, Amendment Act, 2022.

3. The main submissions advanced by learned counsel appearing for the petitioner are that the instant matter relates to the recovery of 267.480 litres country made English liquor from a magic pick up van in which the petitioner was found in the capacity of driver but nothing incriminating has been recovered from the conscious possession of this petitioner and merely on the basis of suspicion, he was made accused in this case. It is

Patna High Court CR. MISC. No.83103 of 2024(2) dt.04-12-2024 2/2 further submitted that the petitioner is the sole bread earner of his family and has been languishing in jail since 09.10.2024 having no criminal antecedent.

4. Learned APP for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly the clean antecedent of the petitioner, this Court is inclined to accept the bail prayer of the petitioner. Accordingly, let the petitioner named-above 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 the concerned Court in connection with Siwan Excise P.S. Case No. 619 of 2024.

(Shailendra Singh, J) maynaz/- U T