Patna High CourtCR. MISC./46732/2021bail granted

Birendra Singh v. The State Of Bihar

2021-11-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46732 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== 1.

BIRENDRA SINGH Son of Krishna @ Krishan Resident of Village - Sunari Kala, P.S.- Shivaji Colony, Distt.- Rohtak (Haryana). 2.

Birendra Singh Son of Krishna Kumar Resident of Village - Sunari Kala, P.S.- Shivaji Colony, Distt.- Rohtak (Haryana). 3.

Mohit Son of Ramesh Kumar @ Ramesh Singh Resident of Village - Nidana, P.s.- Bahuakbarpur, Distt.- Rohtak (Haryana). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Section 414, 467, 468, 471/34 of the Indian Penal Code and under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 265.5 liters of illicit liquor has been recover from a Tata Safari vehicle and petitioners were apprehended with the vehicle. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.46732 of 2021(2) dt.16-11-2021 2/2 the case. No incriminating article has been recovered from the conscious possession of the petitioners and they are no way concerned with the alleged recovery. Petitioner No.1 is driver of the vehicle and petitioners No.2 and 3 are co-passenger of the vehicle. Petitioners claim clean antecedent and are in custody since 23.04.2021.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Gopalganj in connection with Kateya PS case No.142/2021.

(Prabhat Kumar Singh, J) BKS/- U T