Amit Kumar @ Uma Kant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45672 of 2024 Arising Out of PS. Case No.-617 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.

AMIT KUMAR @ UMA KANT KUMAR SON OF SHREELAL MANDAL RESIDENT OF VILLAGE - GOPALPUR, P.S. - RAJOUN, DISTRICT - BANKA 2.

AJAB LAL MANDAL @ AJAY MANDAL SON OF PARAN MANDAL RESIDENT OF VILLAGE - GOPALPUR, P.S. - RAJOUN, DISTRICT - BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Manoj Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act 2018.

3. It is alleged that 40 liters of country made mahua was recovered from a sack which was loaded on motorcycle in question .

4. It is submitted that the petitioners are innocent and have falsely been implicated in this case. Petitioners are neither owner nor driver of the vehicle in question . No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.45672 of 2024(2) dt.30-07-2024 2/2 these petitioners and they are no way connected with the aforesaid recovery. Petitioners claim clean antecedent. 5 . Learned counsel for the State opposes the bail petition .

6. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the 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 learned Additional District and Session Judge - II Banka in connection with Rajoun (Nabada) Police Station Case No. 617 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T