Patna High CourtCR. MISC./867/2018bail granted

Jitendra Kumar And ANR v. The State Of Bihar

2018-01-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.867 of 2018 Arising Out of PS.Case No. -539 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Jitendra Kumar, S/o Brahmdev Pd, R/o Yogipur, P.S.- Patrakar Nagar, District- Patna.

2. Kunal Kumar S/o Sri Krishna Sah, R/o Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bam Bahadur Jha For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Patrakar Nagar PS case no. 539 of 2017 instituted for the offences punishable under Sections 30(a), 30(b), 38/41 of the Bihar Excise and Prohibition Act, 2016.

The allegation is regarding recovery of 67.50 ltrs. of illicit liquor from a Bolero vehicle and two persons were apprehended who named the petitioners herein to be the persons who are the owner of the said recovered articles. The learned counsel for the petitioners submits that the petitioners are neither the owner of the Bolero vehicle nor

Patna High Court Cr.Misc. No.867 of 2018 (2) dt.18-01-2018 2/2 any article has been recovered from their conscious possession, they have clean antecedents and they are in custody since 17.10.2017.

Considering the nature of accusation, clean antecedents of the petitioners and the period of custody undergone, I deem it fit and appropriate to enlarge the petitioners on regular bail. Accordingly, the petitioners are directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act Pana in connection with Patrakar Nagar PS case no. 539 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T