Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85920 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Om Prakash Kumar Son of Munarik Yadav Resident of Village - Kakhwara Khaira, P.S. - Gurua, District - Gaya (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal For the Opposite Party/s :
Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2025 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 Excise Sherghati P.S. Case No. 173/2024 dated 06.10.2024 registered for the offences punishable u/s 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 80 litres of illicit country-made liquor was recovered from the motorcycle.
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 driver of the said
Patna High Court CR. MISC. No.85920 of 2024(2) dt.09-01-2025 2/2 vehicle. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.10.2024.
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, Gaya in connection with Excise Sherghati P.S. Case No. 173/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T