Gyan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10675 of 2022 Arising Out of PS. Case No.-414 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Gyan Kumar Son Of Chandrika Singh R/O Village- Anti, P.S.- Kadirganj, District- Nawada 2.

Raushan Kumar Son Of Ashok Prasad Singh R/O Village- Manjaur, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (App.84), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioners seek regular bail in connection with Warisaliganj P.S. Case No. 414 of 2021 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition of Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners are in custody since 22.10.2021, charge-sheet has been submitted in the case and petitioner no. 1 has antecedent of five cases whereas, petitioner no. 2 has clean antecedent.

Patna High Court CR. MISC. No.10675 of 2022(2) dt.06-07-2022 2/2 Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He further submits that the entire recovery of 1920.345 liters have been made from the Pacs Bhawan of village Manjaur. Learned counsel submits that nothing was recovered from their conscious possession and allegation upon them that petitioners visited the Pacs Bhawan to purchase wine and this statement has come on the basis of confession only.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 22.10.2021 and charge-sheet has been submitted in the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-2, Nawada in connection with Warisaliganj P.S. Case No. 414 of 2021. (Khatim Reza, J) Gaurav Kumar/- U T