Regular bail application in an Excise Act case involving recovery of illicit foreign liquor from a car. The petitioner claimed to be merely the driver. Considering period of custody, the Patna High Court granted bail on furnishing bond with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63581 of 2024
Arising Out of PS. Case No.-81 Year-2024 Thana- Excise P.S. District- Siwan
======================================================
Chandra Prakash Singh Son of Bamshankar Singh R/o Village- Banrahi, P.S.Sakhpura, District- Baliya (Uttar Pradesh)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sachina For the Opposite Party/s : Mr. Asha Devi ======================================================
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 Maharajganj Excise P.S. Case No. 81 of 2024 dated 14.07.2024 registered for the offences punishable u/ss 30(a), 32(3) of the Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 238.920 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 the driver of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has
Patna High Court CR. MISC. No.63581 of 2024(2) dt.04-09-2024 2/2
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 15.07.2024.
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 period of custody, the petitioner abovenamed, 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, Siwan in connection with Maharajganj Excise P.S. Case No. 81 of 2024.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether the petitioner, alleged driver of the vehicle from which illicit liquor was recovered, should be granted regular bail.
1 provisions across 1 enactments
Chandra Prakash Singh
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
