Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16950 of 2021 Arising Out of PS. Case No.-634 Year-2020 Thana- DIGHA District- Patna ======================================================
1. VIKASH KUMAR Son of Nagendra Giri Resident of Village - Sardar patel Gali, P.S.- Digha, Dist.- Patna.
2. Pyare Lal Kumar Son of Ram Sharan Sah Resident of Village - Magadh Colony Kurjee, P.S.- Digha, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogendra Kumar, Advocate For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioners have preferred this application for grant of regular bail in connection with a case registered under sections 272 and 273 of the Indian Penal Code and sections 37(a), 37(b) and 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on a raid being conducted, 87 litres of liquor was recovered from the house of co-accused Sanjeesh and the accused persons including the two petitioners herein were arrested.
It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their possession. They have been falsely implicated in the case. They
Patna High Court CR. MISC. No.16950 of 2021(2) dt.13-08-2021 2/2 are in custody since 7.12.2020 and have no criminal antecedent. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused vide order dated 2.7.2021 passed in Cr. Misc. no. 21582 of 2021 together with the petitioner having remained in custody for over 8 months, the Court direct the petitioners to be enlarged on bail in connection with Digha P.S. Case no. 634 of 2020 (corresponding to Special Case no. 7077 of 2020) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.
(Partha Sarthy, J) Prakash/- U