Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17080 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== VISHWANTH PRASAD @ VISHUNATH PRASAD S/O- Lalchandra Mali @ Lalchand Mali Resident of Village- Sabjibagan Gandhi Nagar Ps- Dhansar Dist- Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 19556 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== KARAN KUMAR SON OF DHALU RAVI DAS @ DHALYU RABI DAS RESIDENT OF VILLAGE- LOYABAD WARD NO. 09, SENDRA MORE, PS- LOYABAD, DISTT- DHANBAD , JHARKHAND ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 17080 of 2023) For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Ajay Kumar No. 2 (In CRIMINAL MISCELLANEOUS No. 19556 of 2023) For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 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 Sections 120B, 414, 467, 468, 471 of the IPC read with Sections 30(a), 32(i)(ii), 41(ii)(iii) of

Patna High Court CR. MISC. No.17080 of 2023(2) dt.11-05-2023 2/3 the Bihar Prohibition and Excise (Amendment) Act. As per prosecution case, there has been recovery of total 680.35 liters of illegal English liquor from a Pick-up, Bearing No. BR09GA-0465, which was being driven by other co-accused. Thereafter, police party searched Car, Bearing No. BR19B-6282, nothing has been recovered.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners have apprehended on spot. He submitted that the petitioners have no concern either with the seized vehicles or with the liquor. No incriminating article has recovered from the conscious possession of these petitioners. They are languishing in judicial custody since 20.01.2023.

The application for bail is opposed by learned APP for the State.

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

Patna High Court CR. MISC. No.17080 of 2023(2) dt.11-05-2023 3/3 Exclusive Special Excise Judge-II, Begusarai in connection with Sahebpur Kamal P.S. Case No. 15 of 2023.

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