Patna High CourtCR. MISC./38172/2023bail granted

Ashish Kumar v. The State Of Bihar

2023-07-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38172 of 2023 Arising Out of PS. Case No.-308 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== 1.

ASHISH KUMAR Son of Nagendra Prasad Resident of Mohalla - Deep Nagar, P.s. - Deep Nagar, Distt. - Nalanda 2.

Ravi Kumar Son of Arun Sao Resident of Mohalla - Deep Nagar, P.s. - Deep Nagar, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Baljit Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-07-2023

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Sherghati P.S.Case no.308 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on secret information having been received, a raid was conducted and 39.120 litres of illicit liquor was recovered from the vehicle of the petitioners.

4. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession. They are in custody since 26.3.2023. They have no criminal

Patna High Court CR. MISC. No.38172 of 2023(2) dt.07-07-2023 2/2 antecedent and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration that both the petitioners do not have any criminal antecedent, their being in custody since 26.3.2023 and chargesheet having been submitted in the case, the Court directs both the petitioners to be enlarged on bail in connection with Sherghati P.S. Case no. 308 of 2023 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-2, District- Gaya.

(Partha Sarthy, J) Bibhash U T