Binda Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12504 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== 1.

BINDA GIRI SON OF KAILASH GIRI R/O VILLAGE- JAMHETA, P.S.- FATEHPUR, DISTRICT- GAYA 2.

KAPIL CHAUDHARY SON OF RAJENDRA CHAUDHARY R/O VILLAGE- JAMHETA, P.S.- FATEHPUR, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 100 liters of illegal Mahua liquor recovered from two motorcycles each, which were being driven by these

Patna High Court CR. MISC. No.12504 of 2023(2) dt.25-04-2023 2/3 petitioners.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of these petitioners. They are languishing in judicial custody since 08.01.2023. The application for bail is opposed by learned APP for the State.

The petitioners are directed to deposit Rs. 10,000/- (Ten thousand) each in the account of concerned DLSA. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 the learned Exclusive Special Excise Court No. 1, Gaya in connection with Fatehpur P.S. Case No. 11 of 2023.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.12504 of 2023(2) dt.25-04-2023 3/3 10,000/- (Ten thousand) each by the petitioners in the account of concerned DLSA.

(Sunil Kumar Panwar, J) arish/- U