Two drivers sought regular bail in an excise case involving recovery of 518.400 litres of illicit foreign liquor. Considering custody period and circumstances, the court enlarged them on bail with bail bonds and sureties and allowed the application.
Petitioners enlarged on bail on furnishing bail-bond of Rs.20,000/- each with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46077 of 2024
Arising Out of PS. Case No.-102 Year-2024 Thana- Excise P.S. District- Bhojpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amarendra Kumar, Adv. For the Opposite Party/s : Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 03-07-2024
APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Prohibitions & Excise Sadar Ara P.S. Case No. 102 of 2024 dated 01.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 518.400 litres of illicit foreign liquor was recovered from the pick-up vehicle.
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.46077 of 2024(2) dt.03-07-2024 2/2
transpired in this case merely on suspicion. The petitioner no. 1 is the driver 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 02.05.2024.
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, Bhojpur, Ara in connection with Prohibition & Excise Sadar Ara P.S. Case No. 102 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
1 issue framed by the court
Whether the petitioners, drivers of a vehicle from which illicit liquor was seized, should be granted regular bail under Bihar Prohibition and Excise Act offences.
1 provisions across 1 enactments
Suraj Bharti Son Of Jhingur Ram
Karan Ram Son Of Shambhu Ram
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
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