Patna High CourtCR. MISC./2848/2025bail granted

Om Prakash Kumar v. The State Of Bihar

2025-02-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2848 of 2025 Arising Out of PS. Case No.-1007 Year-2024 Thana- BIHTA District- Patna ====================================================== 1.

Om Prakash Kumar S/o- Prabhu Daya Verma Resident of Village- Devkuli, P.S.- Bihta, District- Patna 2.

Raj Kishor Ray S/o- Nageshwar Ray Resident of Village- Devkuli, P.S.- Bihta, District- Patna 3.

Niraj Kumar S/o- Late Vijendra Kumar Verma Resident of Village- Devkuli, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2025 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 Bihta P.S. Case No. 1007 of 2024 dated 29.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 180 litres of illicit country-made liquor was recovered from the Tempo.

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

Patna High Court CR. MISC. No.2848 of 2025(2) dt.24-02-2025 2/2 conscious possession of the petitioners. The petitioner no.1 is the driver and the petitioner nos. 2 and 3 are the co-passenger of the said vehicle. The petitioners have no concern with the alleged vehicle. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 30.10.2024.

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 above-named, 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, Danapur at Patna in connection with Bihta P.S. Case No. 1007 of 2024.

7. The application stands allowed.

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