Petitioner sought regular bail in PS Case No. 109 of 2024 for alleged offences under S. 30(a) of Bihar Prohibition and Excise Act following recovery of liquor from a co-accused's roof.
Granted regular bail on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59234 of 2024
Arising Out of PS. Case No.-109 Year-2024 Thana- CHACKMEHSI District- Samastipur
======================================================
Gautam Kumar Son of Raj Kishor Roy R/O Vill.- Birsinghpur, P.S.Kalyanpur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar, Adv For the Opposite Party/s : Mr. Nand Kumar,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 14-08-2024
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 Chakmehsi P.S. Case No. 109 of 2024 dated 11.07.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 280 litres of illicit foreign liquor was recovered from the roof of the joint house of the co-accused Nitish Kumar and Prabhunath Rai.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open roof
Patna High Court CR. MISC. No.59234 of 2024(2) dt.14-08-2024 2/2
of the joint house of the co-accused persons. The name of the petitioner was disclosed by the local chowkdiar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.07.2024.
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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Samastipur in connection with Chakmehsi P.S. Case No. 109 of 2024.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
2 issues framed by the court
Whether the petitioner qualifies for regular bail in charges related to illicit liquor recovery.
Whether the recovery made from the roof of a joint house implicates the petitioner in custody.
1 provisions across 1 enactments
Gautam 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
