Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43135 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== 1.

ABHISHEK KUMAR, S/O Mithilesh Kumar Singh, R/O VillageBishunpura Rajkhand, P.S- Vidupur, Distt.- Vaishali. 2.

Jitendra Kumar, S/O Ram Pukar Singh, R/O Village- Daud Nagar, P.SVidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Singh, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 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 APP for the State.

Learned counsel for the petitioners is praying for necessary correction in the cause title page of the petition. Permission is accorded in course of the day.

The petitioners have preferred this application for grant of regular bail in connection with Koelwar (Gidha) P.S. Case No. 214 of 2023 dated 14.04.2023 registered for the offences punishable u/ss 419 and 420 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, the petitioners were

Patna High Court CR. MISC. No.43135 of 2023(2) dt.20-07-2023 2/2 apprehended with car from which 50.540 litres of illicit liquor was recovered.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. It is further submitted that the petitioners have no concern with the alleged recovery. The petitioners have got clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 16.04.2023. Learned A.P.P. for the State has 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 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, Bhojpur Ara in connection with Koilwar P.S. Case No. 214 of 2023.

The application stands allowed.

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