Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28738 of 2023 Arising Out of PS. Case No.-712 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

UTTAM KUMAR SON OF UDAY NARAYAN SINGH VILLAGE PANAPUR, KARIYAT, PS KANTI DISTRICT MUZAFFARPUR 2.

SUBODH KUMAR SON OF SAHDEO YADAV RESIDENT OF VILLAGE BHALUIYA TAD PS MUFASSIL, DISTT NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devashish Giri, Advocate Mr. Ashish Giri, Advocate Mr. Sumit Kumar Jha, Advocate Mr. Riya Giri, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in connection with Motihari Excise P.S. Case No. 712 of 2023 registered for the offence under Sections 30(a), 32, 38, 41(i) and 47 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have offered to deposit Rs. 1 Lakh in Ram Krishna Mission Ashrama, Chapra, Latu Maharaj Path, Opposite Circuit House, Chapra, Bihar, 841301 and the petitioners are in custody since 18.03.2023 and there is a recovery of 1525 liters of illegal spirit.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the period of custody and the recovery

Patna High Court CR. MISC. No.28738 of 2023(2) dt.24-05-2023 2/2 of liquor, this application for regular bail is allowed. Let the petitioners, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-2, East Champaran, Motihari in connection with Motihari Excise P.S. Case No. 712 of 2023.

The petitioners will visit concerned Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

The petitioners bail bond will be accepted only after he produces the receipt of the amount deposited issued by Ram Krishna Mission Ashrama, Chapra, Latu Maharaj Path, Opposite Circuit House, Chapra, Bihar, 841301. (Sandeep Kumar, J) Guddu/- U T