Fekan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6291 of 2023 Arising Out of PS. Case No.-1279 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

FEKAN KUMAR S/O LATE LALLU PRASAD Resident of VillageLodipur Basiyama, P.S.- Pirpara, District- Patna. 2.

JITENDRA KUMAR S/O LATE LALIRAM Resident of Village- Lodipur Basiyama, P.S.- Pirpara, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioners are seeking regular bail in connection with Patna (Excise) P.S. Case No. 1279 of 2022, registered for the offences punishable under Sections 30(a)/56(b) of Bihar Prohibition and Excise Amendment Act, 2018.

As per allegation, the petitioners were traveling from an Alto car wherefrom 280 liters of country made liquor was recovered.

The learned counsel for the petitioners has submitted that they are persons of clean antecedent and are

Patna High Court CR. MISC. No.6291 of 2023(2) dt.08-05-2023 2/2 under custody since 13.12.2022.

Considering the above-mentioned facts and circumstances and period of custody, let the petitioners abovenamed be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Patna (Excise) P.S. Case No. 1279 of 2022, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T