Amit Kumar @ Amit Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39410 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- RAJPUR District- Buxar ====================================================== 1.

AMIT KUMAR @ AMIT KUMAR RAM S/O SITARAM RAM R/O Village- Saikuwa, P.S- Rajpur, Distt.- Buxar. 2.

Vikesh Kumar S/O Rajnarayan Singh R/O Village- Saikuwa, P.S- Rajpur, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== 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 A.P.P. for the State.

The petitioners have preferred this application for grant of regular bail in connection with Rajpur P.S. Case No. 166 of 2023 dated 8.5.2023 registered for the offence punishable u/s 37(II) and 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 230.25 litres of liquor is alleged to have recovered from a vehicle.

Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.39410 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 conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner No. 2 has got clean antecedent and the petitioner No. 1 is accused in one more criminal case as stated in para 3 of the bail petition. The petitioners are in custody since 9.5.2023.

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 bailbonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with Rajpur P.S. Case No. 166 of 2023.

The application stands allowed.

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