Moti Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31650 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- AMNAUR District- Saran ====================================================== 1.

Moti Nat Son of Vakil Nat Resident of village - Guna Chhapra, P.S. - Amnaur, Distt. - Saran (Chhapra) 2.

Md. Karim Son of Md. Kurban Resident of village - Dhankaul, P.S. - Piprahi, Distt. - Sheohar, at present R/V Dhobahi, P.S. - Amnaur, Distt. - Saran (Chhapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 272, 273, of the IPC and Sections 30, 30(a) Bihar Prohibition and Excise Act.

As per FIR, the prosecution case relates to recovery of total 314.600 liters illicit liquor from a hut. It is further alleged that petitioners were apprehended on the spot. Learned counsel for the petitionerw submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners have

Patna High Court CR. MISC. No.31650 of 2023(2) dt.16-05-2023 2/2 no concern with the alleged recovery nor from the place of occurrence rather incriminating article was recovered from a hut which is not used by these petitioners. It is further submitted that the petitioner is languishing in judicial custody since 07.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Amnaur P.S. Case No. 47 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum Special Judge-Ist, Excise, Chhapra, Saran.

(Sunil Kumar Panwar, J) Manishkumar/- U T