Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37405 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

ANKIT KUMAR S/O PYARELAL R/O Vill. Baki Khurd, PS. Baremar, Dist. Gazipur (U.P.) 2.

SUMIT KUMAR S/O HARINDRA GOND R/O Vill. Banhara, PS. Sikandarpur, Dist. Baliya (U.P.) 3.

AKHILESH RAM S/O PREMCHAND RAM R/O Vill. Sikandarpur, PS. Pakari, Dist. Baliya (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Siwan Muffasil P.S. Case No. 241 of 2023 registered for the offences punishable under Section 30(a) 41(i) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of 524.280 litre foreign liquor from the scorpio in question and petitioner no. 1 is alleged to be driver of the said scorpio and petitioner no. 2 and 3 is found sitting in the said scorpio and all of them apprehended on spot.

Patna High Court CR. MISC. No.37405 of 2023(2) dt.15-06-2023 2/3 Learned counsel for the petitioner submits that petitioners are in custody since 07.05.2023 and bear no criminal antecedent. He further submits that nothing has been recovered from the conscious possession of the petitioners. He further submits that petitioners are quiet innocent and have falsely been implicated in the case.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge No. II, Siwan in connection with Siwan Muffasil P.S. Case No. 241of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioners will co-operate in trial and will

Patna High Court CR. MISC. No.37405 of 2023(2) dt.15-06-2023 3/3 remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) vashudha/- U T