Patna High CourtCR. MISC./38812/2023bail granted

Rahul Kumar v. The State Of Bihar

2023-07-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38812 of 2023 Arising Out of PS. Case No.-800 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

Rahul Kumar Son Of Manju Manjhi Village- Sapahi Ward No-3, PsTurkauliya Dist- East Champaran 2.

Sikindra Kumar Son Of Harendra Manjhi Village- Sapahi Ward No-3, PsTurkauliya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 Excise P.S Case No. 800 of 2023 dated 26.03.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 60 litres of country made liquor kept in sack was recovered from the motorcycle. Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.38812 of 2023(2) dt.05-07-2023 2/2 the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 27.03.2023.

Learned A.P.P. for the State has vehemently 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 bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Excise P.S. Case No. 800 of 2023.

The application stands allowed.

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