Patna High CourtCR. MISC./4207/2024bail granted

Bishu Kumar v. The State Of Bihar

2024-04-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4207 of 2024 Arising Out of PS. Case No.-508 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Bishu Kumar SON OF RAM PRAVESH SINGH RESIDENT OF VILLAGEGANIYARI, P.S.- SAKRA (BARYARPUR O.P.), DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kudhani (Fakuli OP) P.S. Case No. 508 of 2023 dated 24.09.2023 for the offences punishable u/ss 272, 273 read with Section 34 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3550.080 litres of illicit foreign liquor was recovered from the truck. It is further alleged that the petitioner is engaged in illegal business of liquor.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.4207 of 2024(5) dt.03-04-2024 2/2 that the petitioner has falsely been implicated in this case. The petitioner has one more criminal antecedent as stated in para 3 of the bail petition. The petitioner is stated to be the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 24.01.2024 passed in Cr. Misc. No. 85434 of 2023. The petitioner is in custody since 25.09.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for regular bail 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, Muzaffarpur in connection with Kudhani (Fakuli OP) P.S. Case No. 508 of 2023.

7. The application stands allowed.

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