Bail application under Section 30(a) of the Bihar Prohibition and Excise Act after recovery of 50 litres of illicit country liquor from a motorcycle. Considering facts, circumstances and period of custody since 15.05.2024, the court enlarged the petitioner on bail with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46614 of 2024
Arising Out of PS. Case No.-224 Year-2024 Thana- PATNA CITY CHOWK District- Patna
======================================================
Sumit Kumar SON OF Vijay Rajak VILLAGE- GURHATTA, UMASHANKAR MANDIR, PS- KHAJEKALAN, DIST- PATNA
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kaushal Kumar,Adv. For the Opposite Party/s : Mr.Surendra Prasad Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 03-07-2024
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 Chowk P.S. Case No. 224 of 2024 dated 14.05.2024 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 50 litres of illicit country made liquor kept in sacks was recovered from the motorcycle.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said vehicle. The petitioner has no concern with the alleged
Patna High Court CR. MISC. No.46614 of 2024(2) dt.03-07-2024 2/2
recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.05.2024.
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, Patna City in connection with Chowk P.S. Case No. 224 of 2024.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether the petitioner, accused of possessing 50 litres of illicit country liquor recovered from a motorcycle, should be granted regular bail.
1 provisions across 1 enactments
Sumit Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
