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Patna High CourtCR. MISC./8399/2023allowed

Baljeet Singh @ Baljeet Kumar v. The State Of Bihar

2023-05-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8399 of 2023 Arising Out of PS. Case No.-687 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Baljeet Singh @ Baljeet Kumar S/O Satpal Resident Of Village- Ladaut, P.S.- Sadar (Rohtak), District- Rohtas (Hariyana). 2.

Aniket Kumar S/O Rajesh Kumar Resident Of Village- Makrouli, P.S.- Sadar (Rohtak), District- Rohtak (Hariyana).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25137 of 2023 Arising Out of PS. Case No.-687 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== SANDEEP KUMAR Son of Baljeet @ Baljit Singh Resident of Vishal Nagar Colony Rohtak, Near Chand Ram Dairy, P.S.- Shivlane, District - Rohtak (Haryana).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 8399 of 2023) For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari (In CRIMINAL MISCELLANEOUS No. 25137 of 2023) For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners prayed for regular bail in connection with Kanti P.S. Case no. 687 of 2022 instituted for the offence under Sections 30(a), 32(i), 32(ii), 36 & 41(i) of the Bihar

Patna High Court CR. MISC. No.8399 of 2023(2) dt.02-05-2023 2/3 Prohibition and Excise Act.

Prosecution case relates to recovery of total 630 liters foreign liquor from two different vehicles and the petitioners are alleged to be apprehended on spot.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. Petitioners have no concern with the alleged recovery or with the vehicles in question from where the recovery of liquor has been made. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, they are languishing in judicial custody since 11.10.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kanti P.S. Case No. 687 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.8399 of 2023(2) dt.02-05-2023 3/3 each to the satisfaction of learned Exclusive Special Judge Excise, Court-II, Muzaffarpur.

(Sunil Kumar Panwar, J) Amandeep/- U T