Punit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40993 of 2023 Arising Out of PS. Case No.-172 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Punit Kumar Son of Rameshwar Sahani Resident of Village - Majhar, P.S.- Pakaridayal, District - East Champaran.

2.

Dharmoj Sahani @ Dharmod Sahani Son of Raja Sahani Resident of Village - Pundar, P.S.- Madhuban, District - East Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Rita Verma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act and sections 272 and 273 of the Indian Penal Code.

3. Prosecution case is that 40 liters country made liquor was recovered from the motorcycle.

4. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case on suspicion. Petitioners are neither owner nor driver of the vehicle in question. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.40993 of 2023(2) dt.01-08-2023 2/2

5. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let all these petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Court No.2, Motihari, East Champaran in Madhuban Police Station Case No. 172 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T