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Patna High CourtCR. MISC./7363/2023bail granted

Bikram Kundia v. The State Of Bihar

2023-05-03Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7363 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- KALER District- Jehanabad ====================================================== BIKRAM KUNDIA SON OF RAJENDRA KUNDIA R/O MOHALLA- TEJ COLONY, P.S.- SADAR, DISTT.- ROHTAK (HARYANA) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7611 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- KALER District- Jehanabad ====================================================== RAKESH KUMAR SON OF ASHOK KUMAR R/O MOHALLA- TEJ COLONY ROHTAK, P.S.- SADAR, DISTRICT- ROHTAK (HARYANA) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 7363 of 2023) For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.Meena Singh, APP (In CRIMINAL MISCELLANEOUS No. 7611 of 2023) For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2023 Since both these cases arise out of same P.S case i.e 99 of 2022, they have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Patna High Court CR. MISC. No.7363 of 2023(2) dt.03-05-2023 2/3 Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Kaler P.S. Case No. 99 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that the petitioner is in custody since 17.11.2022 and there is recovery recovery of 685.50 litres of indian made foreign liquor from his possession.

Learned APP has vehemently opposed the prayer of bail.

Considering the period of custody and recovery of liquor from his possession, this application for regular bail is allowed.

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 2, Jehanabad in connection with Jehanabad P.S case No. 99 of 2022. The address of the petitioners shall be verified by the court below before releasing the petitioners on Bail through the

Patna High Court CR. MISC. No.7363 of 2023(2) dt.03-05-2023 3/3 concerned Superintendent of Police and one of the bailor of both the petitioners shall be a close blood relative. (Sandeep Kumar, J) Harsh/ U T