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Patna High CourtCR. MISC./48606/2021bail granted

Abhishek Kumar v. The State Of Bihar

2022-02-15Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48606 of 2021 Arising Out of PS. Case No.-224 Year-2021 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

ABHISHEK KUMAR Son of Amitabh Sah @ Amit Kumar Sah Resident of Village - Sri Nagar, P.S. - Phulwariya, District - Gopalganj. 2.

Sandeep Kumar Son of Lal Bahadur Mahto Resident of Village - Bharpurwa, P.S. - Phulwariya, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar Singh, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 43.4 litres of country liquor was recovered from the possession of the petitioners and they were taken into custody.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their possession. They have been falsely implicated in the case. They are in custody since 10.7.2021 and have no criminal antecedent.

Patna High Court CR. MISC. No.48606 of 2021(2) dt.15-02-2022 2/2 Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioners not having any criminal antecedent, the Court directs the above two petitioners to be enlarged on bail in connection with Phulwariya P.S. Case no. 224 of 2021 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 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Gopalganj.

(Partha Sarthy, J) Prakash/- U