Sanjiv Kumar @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42389 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== 1.

Sanjiv Kumar @ Amit Kumar SON OF NARENDRA KUMAR VILLAGE -NAYAGAON GODIYASI PS- PARBATTA DISTRICT -KHAGARIA 2.

RANJIT YADAV SON OF VIDYANAND YADAV VILLAGE -NAYAGAON GODIYASI PS- PARBATTA DISTRICT -KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Parbatta P.S. Case No. 171 of 2024 dated 03.05.2024 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 40.5 litres of illicit foreign liquor was recovered from the motorcycle parked under the bridge. It is further alleged that Rs. 48,608/- and two mobile phones were recovered from the possession of the petitioner and the co-accused person.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.42389 of 2024(2) dt.20-06-2024 2/2 that the petitioners are innocent and have falsely been implicated in this case. The petitioners are neither the driver nor the owner of the said vehicle. The petitioners have no concern with the alleged recovery. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner no. 1 has one criminal antecedent and the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 04.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Parbatta P.S. Case No. 171 of 2024.

7. The application stands allowed.

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