Pradeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87447 of 2024 Arising Out of PS. Case No.-272 Year-2024 Thana- KOTWA District- East Champaran ====================================================== 1.
Pradeep Kumar S/O Premlal Mukhiya Resident of Village-Basantpur, Police Station-Kundwa Chainpur, District- East Champaran 2.
Sandeep Kumar S/O Kapildeo Mukhiya Resident of Village-Basantpur, Police Station-Kundwa Chainpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan, Adv.
For the Opposite Party/s :
Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Kotwa P.S. Case No. 272 of 2024 dated 29.09.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 3.420 litres of illicit foreign liquor was recovered from the Tata magic vehicle and dickey of motorcycle loaded on Tata magic vehicle.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are neither the owner
Patna High Court CR. MISC. No.87447 of 2024(2) dt.05-02-2025 2/2 nor the driver of the said vehicle. The petitioners have no concern with the alleged vehicle. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 30.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are 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, East Champaran at Motihari in connection with Kotwa P.S. Case No. 272 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T