Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33518 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

AMOD KUMAR SON OF DALLU RAI RESIDENT OF VILLAGE - MAIL PAKRI, P.S. - BIDUPUR, DISTRICT - VAISHALI 2.

NITISH KUMAR SON OF UMESH RAI RESIDENT OF VILLAGE - MAIL PAKRI, P.S. - BIDUPUR, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Shankar Prasad, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 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 Hajipur Sadar P. S. Case No. 177 of 2024 dated 26.03.2024 registered for the offences punishable u/ss 272, 273 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 120 litres of illicit country made liquor was recovered from the motorcycle of the petitioners.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.33518 of 2024(2) dt.01-05-2024 2/2 implicated in this case. The petitioners are not the owner of the said vehicle and the same was not being driven by the petitioners at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. It is further submitted that the petitioners have no concern with the alleged recovery. The petitioner no. 1 has no criminal antecedent whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 27.03.2024.

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, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 177 of 2024.

7. The application stands allowed.

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