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Patna High CourtCR. MISC./15085/2023bail granted

Pintu Kumar @ Pintu Ram v. The State Of Bihar

2023-05-08Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15085 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- BUXAR RAIL P.S. District- Bhojpur ====================================================== 1.

Pintu Kumar @ Pintu Ram Son of Manoj Ram R/o Khajama Ward No. 11, P.S.- Islampur, District- Nalanda 2.

Aman Kumar Son of Kamlesh Ram R/o Sri Nagar, Hilsa, P.S.- Chandi, DistrictNalanda 3.

Aditya Raj Son of Meghan Chaudhary R/o Ward No. 11, Village- Makhdumpur, P.S.- Islampur, District- Nalanda 4.

Vikas Kumar Son of Alakhniranjan R/o Khajama Ward No. 11, P.S.- Islampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Mritunjay, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Buxar Rail P.S. Case No. 208 of 2022 dated 30.12.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioners are that the instant matter relates to the recovery of 1214 litres of country made foreign liquor and the same is stated to have been recovered from different coaches of a train and altogether 19 persons including the petitioners were found to have possession over the recovered liquor but the petitioners had concern with 160 litres of liquor only and the

Patna High Court CR. MISC. No.15085 of 2023(2) dt.08-05-2023 2/2 rest liquor is alleged to have been recovered from other coaccused persons and moreover, the alleged recovery was made before official persons and no independent person was made witness of the search and seizure and the petitioners have fair and clean antecedent and are very young person and have been languishing in jail since 31.12.2022 and at the time of recovery, they were bonafidely travelling from Ahmedabad to their native places.

4. Learned APP appearing for the State has opposed the bail prayer of all the petitioners.

5. Considering the above submissions and mainly the petitioners' fair and clean antecedent and completion of the investigation against them and their young age, in my opinion it is a fit case for bail to the petitioners. Accordingly, let all the petitioners named-above be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Buxar Rail P.S. Case No. 208 of 2022. (Shailendra Singh, J) annu/- U T