Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33616 of 2024 Arising Out of PS. Case No.-09 Year-2024 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

Anand Kumar Son of Harban Pal @ Harvan R/O Village- Pipra, P.S.- Jakhora, District- Lalitpur Uttar Pradesh Pin 284124 2.

Rajpal @ Rajpal Singh Son of Jashrath @ Jashrath Pal R/O Village- Pipra, P.S.- Jakhora, District- Lalitpur Uttar Pradesh Pin 284124 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Khodawandpur P.S. Case No. 09 of 2024 dated 20.01.2024 registered for the offences punishable u/s 272, 273, 120B read with Section 34 of the Indian Penal Code and Sections 30(a), 32(i)(ii), 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3139.200 litres of illicit foreign liquor was recovered from the truck which was being driven by the petitioners.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.33616 of 2024(2) dt.02-05-2024 2/2 that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the driver and the petitioner no. 2 is the Khalasi of the said truck and they have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 21.01.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Khodawandpur P.S. Case No. 09 of 2024.

7. The application stands allowed.

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