Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11442 of 2023 Arising Out of PS. Case No.-728 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Vikram Kumar Son Of Late Binod Saw Resident Of Village, P.O. And P.S.- Hisua, District - Nawada. Both Permanent Address At And P.S.- Madanpur, District - Aurangabad, Bihar 2.

Anuj Kumar Son Of Dinesh Paswan Resident Of Village, P.O. And P.S.- Hisua, District - Nawada. Both Permanent Address At And P.S.- Madanpur, District - Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Jee For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 279, 427 of Indian Penal code and Sections 30(a), 45 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 9.750 litres of illicit liquor from a Scooty BR-27Q-3262.

Patna High Court CR. MISC. No.11442 of 2023(2) dt.21-04-2023 2/3 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have falsely been implicated in the present case due to high handedness of police. Nothing incriminating has been recovered from their conscious possession. Moreover, they are languishing in judicial custody since 22.12.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, period under custody and meagre quantity of liquor has been recovered, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.11442 of 2023(2) dt.21-04-2023 3/3 the learned Exclusive Special Excise, Court No. 1, Gaya in connection with Wazirganj P.S. Case No. 728 of 2022.

(Sunil Kumar Panwar, J) nirajkrs/- U T