Karu@Pinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10901 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- EKANGARSARAI District- Nalanda ====================================================== 1.

KARU @ PINKU KUMAR S/O SARYUG PRASAD R/O VILLAGEMOHANPUR, P.S.- EKANGARSARAI, DISTRICT- NALANDA 2.

AJEET KUMAR S/O LATE BASU PRASAD R/O VILLGENISHALGANJ, P.S.- EKANGARSARAI, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek regular bail in connection with Ekangarsarai P.S. Case No. 18 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that the petitioners are in custody since 19.01.2022, charge-sheet has been submitted in this case and petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent. Allegation is of recovery of 04.125 litre of liquor from a motorcycle of the petitioner no. 1 and 557.25 litre of liquor from

Patna High Court CR. MISC. No.10901 of 2022(2) dt.11-03-2022 2/2 the house of other co-accused.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and the petitioner no. 1 who had parked his motorcycle had gone to a shop and was not aware that who had kept the liquor on his bike in his absence. Learned counsel further submits that nothing has been recovered from the possession or house of the petitioner no. 2, rather recovery has been made from the house of other co-accused. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody, charge-sheet has been submitted and petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent, let the petitioners above named be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Court-I, Nalanda at Bihar Sharif in connection with Ekangarsarai P.S. Case No. 18 of 2022. (Satyavrat Verma, J) Kundan/- U T