Pradhuman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23560 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== PRADHUMAN KUMAR son of Murari Yadav @ Mukho Yadav Resident Of Village- Arariya Ps- Maraiya District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23874 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== BANTI RAM Son of Suresh Ram Resident of Mohalla- Purani Bazar, P.S.- Jamui, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24089 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== Rohit Kumar @ Rohit Kumar Yadav Son of Mahendra Prasad @ Mahendra Prasad Yadav Resident of Shanti Nagar, Panch Mandir Road Jamui, P.S.- Jamui, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 23560 of 2023) For the Petitioner/s :
Mr. Santosh Kumar Singh For the Opposite Party/s :
Mr. Vinod Shanker Modi (In CRIMINAL MISCELLANEOUS No. 23874 of 2023) For the Petitioner/s :
Mr. Dipak Kumar For the Opposite Party/s :
Mr. Abhay Kumar Roy (In CRIMINAL MISCELLANEOUS No. 24089 of 2023) For the Petitioner/s :
Mr. Dipak Kumar For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-05-2023 As all these three cases comes up with the same P.S. Case No. 58 of 2021, with consent of parties they will be heard
Patna High Court CR. MISC. No.23560 of 2023(2) dt.15-05-2023 2/3 and disposed of by this common order.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners seek regular bail in connection with Malaypur P.S. Case No. 58 of 2021, registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioners submit that the petitioners are innocent and falsely been implicated in this case on the basis of confessional statement of co-accused person namely Vikash Kumar. No incriminating article has been recovered from the possession of the petitioners. Similarly situated co-accused Anil Singh @ Anil Kumar Singh has been granted bail by this Hon'ble Court vide Cr. Misc. No. 29662/2022 dated 06.08.2020. Petitioners are in custody since 14.02.2023.
Learned APP has vehemently opposed the prayer for bail.
Considering the nature of allegation levelled against the petitioners, their period of custody, this application is allowed.
Patna High Court CR. MISC. No.23560 of 2023(2) dt.15-05-2023 3/3 Let the petitioners, above named, be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the court of Exclusive Excise Judge Court- 1st Jamui in connection with Malaypur P.S. Case No. 58 of 2021. This is also subject to the conditions that (i) the petitioners shall mark their presence in Malaypur Police Station, District- Jamui on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T