Patna High CourtCR. MISC./87359/2024bail granted

Kanhaiya Kumar v. The State Of Bihar

2025-02-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87359 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- BALRAMPUR District- Katihar ====================================================== 1.

Kanhaiya Kumar S/O Hardev Choudhary R/V- Dhima (Nagrahi), P.SBanmankhi, Dist.- Purnea 2.

Bablu Kumar @ Bablu Kumar Yadav S/O Kalanand Yadav R/O VillageNipaniya, P.S- Baraha Kothi, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Adv.

For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Balrampur P.S. Case No. 142 of 2024 dated 03.11.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 177 litres of illicit foreign liquor was recovered from the pick-up van.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no.1 is the driver and the petitioner no.2 is the co-driver of the said vehicle. The

Patna High Court CR. MISC. No.87359 of 2024(2) dt.05-02-2025 2/2 petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 04.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are 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, Katihar in connection with Balrampur P.S. Case No. 142 of 2024.

7. The application stands allowed.

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