Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27173 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== 1.

VINOD KUMAR S/o Sukhdev Mahto 2.

Sumit Bharti S/o Kameshwar Mahto Both are resident of Village- Gannipur, Manpur, Ward No.12, P.S.- Beligaon, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 891 litres of IMFL is said to have been recovered from a Tata 407 vehicle in which the petitioners are stated to be the driver and khalasi. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered either from their possession of the petitioners or from the vehicle in question. They have been falsely implicated in the

Patna High Court CR. MISC. No.27173 of 2021(3) dt.24-12-2021 2/2 case. The petitioners have no criminal antecedent and are in custody since 13.2.2021. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioners not having any criminal antecedent, the Court directs the two petitioners to be enlarged on bail in connection with C1 Case no.34 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Purnea.

(Partha Sarthy, J) Saurabh/- U T