Allowed

Hari Prasad @ Harishankar Kushvaha v. The State of Bihar

Patna HC21 Aug 2024CR. MISC./60534/2024

Case brief

AI extract

What is this about?

Bail application under Section 30(a) of the Bihar Prohibition and Excise Act after alleged recovery of 27.645 litres of illicit foreign liquor from a motorcycle. Court granted bail considering the nature of allegations, custody period and conditions including presence on every court date.

What did the court decide?

Petitioner enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of like amount to the satisfaction of the concerned court/ADJ-IV-cum-Special Judge Excise-II, Gopalganj.

Hari Prasad @ Harishankar Kushvaha Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60534 of 2024

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Arising Out of PS. Case No.-232 Year-2024 Thana- KUCHAIKOTE District- Gopalganj

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======================================================

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Hari Prasad @ Harishankar Kushvaha S/o Rajdev Prasad Resident of VillageChaintola, PS- kateya, Distt. - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saurabh Kumar, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 21-08-2024 Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2 . The petitioner has preferred this application for grant of regular bail in connection with Kuchaikote P.S. Case No. 232 of 2024 dated 29.05.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

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3 . As per the prosecution case, total 27.645 litres of illicit foreign liquor was recovered from the seat tied on the motorcycle.

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4 . Learned counsel for the petitioner has submitted

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Patna High Court CR. MISC. No.60534 of 2024(2) dt.21-08-2024 2/3

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that the petitioner is innocent and has falsely been implicated in this case. The recovery has been made from a motorcycle which is accessible to anyone. The petitioner is not the owner of the seized motorcycle from which the liquor is shown to be recovered. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has 6 antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.05.2024.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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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/ADJ-IV-cum-Special Judge Excise-II, Gopalganj in connection with Kuchaikote P.S. Case No. 232 of 2024, with a condition/s:-

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( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

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Patna High Court CR. MISC. No.60534 of 2024(2) dt.21-08-2024 3/3

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cause, the bail bond of the petitioner is liable to cancelled.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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Guddu/-

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U T

Hari Prasad @ Harishankar Kushvaha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Hari Prasad @ Harishankar Kushvaha v. The State of Bihar

Case brief

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What did the court decide?

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