Vishal Kumar @ Lucky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87044 of 2024 Arising Out of PS. Case No.-216 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Vishal Kumar @ Lucky S/O Chandrika Rai @ Chandrika Prasad Yadav Resident of village - Ekadari,P.S- Chhauradano, District - East Champaran ... ... Petitioner/s

Versus

The state of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 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 Chhauradano P.S. Case No. 216/2024 dated 09.09.2024 registered for the offences punishable u/s 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 42 litres of illicit Nepali country-made liquor was recovered from the two motorcycles out of which 24 litres of Nepali country-made liquor was recovered from the motorcycle of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.87044 of 2024(2) dt.05-02-2025 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is neither the owner nor the driver of the said vehicle. The petitioner has four antecedents and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 23.10.2024.

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, East Champaran, Motihari in connection with Chhauradano P.S. Case No. 216/2024.

7. The application stands allowed.

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