Amar Kumar @ Amar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37533 of 2020 Arising Out of PS. Case No.-87 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

Amar Kumar @ Amar Pandey Son of Hanslal Ray Resident of Village - Rampur Jaipal, Police Station - Bochacha, District - Muzaffarpur 2.

Rajesh Kumar Son of Pramod Singh Resident of Village - Rampur Jaipal, Police Station - Bochacha, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-02-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Bochaha P.S. Case no. 87 of 2020 registered under sections 272 and 273 of the Indian Penal Code and sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on a raid being conducted 102 litres of IMFL is stated to have been recovered from the agricultural land of one Phuleshwar Sah. It is further stated that the accused persons who were caught took the name of the petitioners as being amongst the accused persons who had

Patna High Court CR. MISC. No.37533 of 2020(2) dt.03-02-2021 2/2 managed to escape.

It is submitted by learned counsel for the petitioners that no recovery has taken place from the person or possession of the petitioners who have no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners, the petitioners having no criminal antecedent and being in custody since 19.8.2020, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Bochaha P.S. Case no. 87 of 2020 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 Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Bibhash/- U T