Regular bail application in an excise case involving recovery of 207.360 litres of illicit foreign liquor from a car's dickey. Petitioner claimed to be only the driver. Considering the nature of allegations and custody period, bail was granted with sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62545 of 2024
Arising Out of PS. Case No.-171 Year-2024 Thana- Excise P.S. District- Bhojpur
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Akash Kumar Son of Ashok Kumar Resident of Village- Dhohari ghat, P.S.Dhohari Ghat, District- Mau, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv For the Opposite Party/s : Mr. Akshay Lal Pandit, 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 Excise P.S. Case No. 171 of 2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 207.360 litres of illicit foreign liquor was recovered from the dickey of 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 the driver of the said seized vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.62545 of 2024(2) dt.04-09-2024 2/2
the petitioner. The petitioner has clean antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.08.2024.
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, Bhojpur at Ara in connection with Excise P.S. Case No. 171 of 2024.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
1 issue framed by the court
Whether the petitioner, alleged to be the driver from whose vehicle illicit liquor was recovered, should be granted regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Akash Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
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