Jay Prakash @ Jaiprakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86418 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- BANGAWON District- Saharsa ====================================================== Jay Prakash @ Jaiprakash S/o- Late Mashoudilal Village- Shamli Railpar Punjabi Colony Ps- Shamli Dist- Shamli U.P ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratneshwar Prasad, Adv.
For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-01-2025 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 Bangaon P.S. Case No. 131 of 2024 dated 23.09.2024 registered for the offences punishable u/ss 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 765 litres of illicit foreign liquor was recovered from the truck and motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver cum owner of the said
Patna High Court CR. MISC. No.86418 of 2024(2) dt.15-01-2025 2/2 truck but he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.09.2024.
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, Saharsa in connection with Bangaon P.S. Case No. 131 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T