Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34601 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== 1.

PAWAN KUMAR Son of Shambhu Raut Resident of village - Kesariya, Hamidpur, P.S. - Kesariya, Distt. -East Champaran 2.

Ritesh Kumar Son of Saminder Sah Resident of village - Purani Bazar Kesariya, P.S. - Kesariya, Distt. - East Chamapran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 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 APP for the State.

The petitioners have preferred this application for grant of regular bail in connection with Bishambharpur P.S. Case No. 50 of 2023 dated 01.04.2023 registered for the offences punishable u/s 414 of the Indian Penal Code and Sections 30(a), 41 and 45 of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 158.76 litres of illicit liquor was recovered from the Honda City vehicle. The petitioners

Patna High Court CR. MISC. No.34601 of 2023(2) dt.25-05-2023 2/2 were apprehended from the spot.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the seized vehicle and they have got no connection either with the seized vehicle or with the recovered liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have got clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 02.04.2023.

Learned A.P.P. for the State has 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 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, Gopalganj in connection with Bishambharpur P.S. Case No. 50 of 2023.

The application stands allowed.

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