Regular bail application in an Excise PS case where 81 litres of illicit liquor was recovered from a car driven by the petitioner. Court considered the allegations, custody period and clean antecedents and enlarged him on bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62479 of 2024
Arising Out of PS. Case No.-756 Year-2024 Thana- Excise P.S. District- Gaya
======================================================
Surendra Kumar S/o- Nageshwar Yadav Village- Pitiz Ps- Itkhori DistChatra, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Adv For the Opposite Party/s : Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 04-09-2024
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 Gaya Excise P.S. Case No. 756 of 2024 registered for the offences punishable u/s 30(a), 32(3) of Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 81 litres of illicit foreign liquor was recovered from the Car.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said seized vehicle but the same was being driven by him at the time of the alleged recovery. The petitioner has no concern with the alleged
Patna High Court CR. MISC. No.62479 of 2024(2) dt.04-09-2024 2/2
recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.07.2024.
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, Gaya in connection with Gaya Excise P.S. Case No. 756 of 2024.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
1 issue framed by the court
Whether the driver of a vehicle carrying illicit foreign liquor, not its owner, should be granted regular bail.
2 provisions across 1 enactments
Surendra 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
