Kishore Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86503 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Kishore Pal S/O Rajendra Pal @ Rajendra Raw Pal R/o- Gajhara Navtoli, P.S.- Ladaniya, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-01-2025 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 G.R. No. 761/2024 arising out of Khutauna P.S. Case No. 152 of 2024 dated 27.10.2024 registered for the offences punishable u/ss 274, 275 read with 3(5) of the Bhartiya Nyay Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 540 litres of illicit Nepali country made liquor was recovered from the Scorpio Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has fifteen criminal antecedents which

Patna High Court CR. MISC. No.86503 of 2024(2) dt.18-01-2025 2/2 are of similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 28.10.2024.

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, Jhanjharpur in connection with G.R. No. 761/2024 arising out of Khutauna P.S. Case No. 152 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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