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Patna High CourtCR. MISC./25910/2023bail granted

Indrajeet Kumar Sahu v. The State Of Bihar

2023-05-15Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25910 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- SINGHIYA District- Samastipur ====================================================== 1.

INDRAJEET KUMAR SAHU S/O RAM JAPO SAHU Resident of VillageSinghiya, P.S.- Singhiya, District- Samastipur. 2.

SONU KUMAR @ SONU KUMAR SAHU S/O BINOD SAHU @ BINOD KUMAR Resident of Village- Singhiya, P.S.- Singhiya, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Singhiya P.S. Case No. 07 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of 717.120 litre foreign liquor from the house of co-accused and petitioners apprehended on spot.

Learned counsel for the petitioners submit that petitioners are in custody since 13.01.2023 and bear no criminal antecedent. He further submits that petitioners are quiet

Patna High Court CR. MISC. No.25910 of 2023(2) dt.15-05-2023 2/3 innocent and have falsely been implicated in the case. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-1, Samastipur in connection with Singhiya P.S. Case No. 07 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.25910 of 2023(2) dt.15-05-2023 3/3 for cancellation of bail.

(Alok Kumar Pandey, J) vashudha/- U T