Patna High CourtCR. MISC./32/2025bail granted

Umashankar Pandey v. The State Of Bihar

2025-02-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32 of 2025 Arising Out of PS. Case No.-870 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

Umashankar Pandey Son of Late Satynarayan Pandey Village- Bhada, P.S.- Began Gola, District- Buxar 2.

Dayashankar Pandey Son of Late Satyendra Pandey Village- Bhada, P.S.- Began Gola, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 870 of 2024 dated 13.11.2024 registered for the offences punishable u/ss 30(a), 32(1) & 32(3), 41(1) & (2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 2141.550 litres of illicit foreign liquor was recovered from the mini container.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was

Patna High Court CR. MISC. No.32 of 2025(2) dt.18-02-2025 2/2 transpired in this case merely on suspicion. The petitioner no. 1 is the owner and the petitioner no. 2 is the co-driver of the said vehicle and they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 14.11.2024.

5. Learned A.P.P. for the State has 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 above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabua in connection with Excise P.S. Case No. 870 of 2024.

7. The application stands allowed.

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