Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31758 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- KALER District- Jehanabad ====================================================== 1.

ABHISHEK KUMAR SON OF UMESH LAL RESIDENT OF VILLAGE BADI CHADIYARI, PS- THARTHARI ,DISTRICT- NALANDA 2.

GAUTAM SINGH RATHORE SON OF SANJAY SINGH RESIDENT OF VILLAGE- RAVAICH PS- BAKHTIYARPUR, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Anand, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners have preferred this application for grant of regular bail in connection with Kaler P.S. Case No. 41 of 2023 dated 20.03.2023 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act. As per the prosecution case, total 175.35 litres of foreign liquor was recovered from a vehicle and the petitioners are the driver and the co-driver of the said vehicle.

Patna High Court CR. MISC. No.31758 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. Learned counsel has submitted that the petitioners have no concern with the alleged recovery. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 21.03.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Kaler P.S. Case No. 41 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T