The High Court at Patna granted regular bail to the petitioner accused of offences under IPC 414 and Section 30(a) of Bihar Prohibition and Excise Act involving illicit liquor recovery, directing him to furnish a bond of Rs. 20,000 with two sureties.
Petitioner enlarged on regular bail on furnishing bond of Rs. 20,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59256 of 2024
Arising Out of PS. Case No.-398 Year-2024 Thana- SITAMARHI District- Sitamarhi
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RAM KUMAR SON OF BRAHMDEO SHAH RESIDENT OF VILLAGEBHALHI, PS- BATHNAHA, DISTRICT- SITAMARHI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Adv For the Opposite Party/s : Mr. Kumar Ranjit Ranjanm, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
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 Sitamarhi P.S. Case No. 398 of 2024 dated 27.06.2024 registered for the offences punishable u/s 414 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 460.56 litres of illicit Nepali country made liquor was recovered from the Scorpio.
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
Patna High Court CR. MISC. No.59256 of 2024(2) dt.19-08-2024 2/2
recovery. The petitioner is not the owner of the said vehicle but the same was being driven by him at the time of the alleged recovery. 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 28.06.2024.
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, Sitamarhi, in connection with Sitamarhi P.S. Case No. 398 of 2024.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
1 issue framed by the court
Whether the petitioner is entitled to release on regular bail given the allegations of illicit liquor recovery.
2 provisions across 2 enactments
RAM KUMAR SON OF BRAHMDEO SHAH
The State of Bihar
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
