Indal Kumar @ Indal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30009 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== 1.

Indal Kumar @ Indal Kumar Singh S/o Late Jamadar Singh @ Late Jamadar Rai R/o vill - Chitmath, P.S. - Mairwa, Distt. - Siwan 2.

Abhishek Kumar Singh @ Abhishek Singh S/o Paras Rai R/o vill - Mathia, P.S. - Nautan, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in Siwan Excise P.S. Case No. 58 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that, 3510 liters liquor was recovered from three vehicles and the petitioners were apprehended on spot.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.30009 of 2024(2) dt.19-04-2024 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioner is in custody since 02.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 02-04-2024, passed in Cr. Misc. No. 24533 of 2024. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Siwan Excise P.S. Case No. 58 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.30009 of 2024(2) dt.19-04-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T