Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35859 of 2020 Arising Out of PS. Case No.-352 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

KISHAN KUMAR SON OF BHUSHAN SINGH VILL ULAO WARD NO 3 PS MUFFASIL (SINGHAUL OP) DIST BEGUSARAI 2.

KULDEEP KUMAR SON OF RAJU MAHTO VILL ULAO WARD NO 3 PS MUFFASIL (SINGHAUL OP) DIST BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2021 Heard the learned counsel for the petitioners and the learned APP for the State, Sri Akshay Lal Pandit.

The petitioners seek regular bail in connection with Begusarai Town P.S. Case No. 352 of 2020, registered for the offence punishable under Sections 420/120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The allegation is regarding recovery of 138.240 liters of illicit liquor from a car in which the petitioners are stated to be travelling.

Patna High Court CR. MISC. No.35859 of 2020(2) dt.20-01-2021 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having clean antecedent and they are languishing in custody since 13.07.2020. The learned counsel for the petitioners has further submitted, by referring to paragraph no. 9 of the present petition that the car in question does not belong to the petitioners herein.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that the petitioners are having clean antecedent and they are languishing in custody since 13.07.2020, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.35859 of 2020(2) dt.20-01-2021 3/3 bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd cum Special Judge, Excise Act, Begusarai in connection with Begusarai Town P.S. Case No. 352 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T