Patna High CourtCR. MISC./48936/2024bail granted

Biban Kumar @ Vivan Kumar v. The State Of Bihar

2024-07-22Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48936 of 2024 Arising Out of PS. Case No.-304 Year-2024 Thana- Excise P.S. District- Patna ====================================================== 1.

Biban Kumar @ Vivan Kumar S/O Nankeshwar Ram R/O RamjichakBakatyapur, P.S.-Maner,Distt-Patna 2.

Amit Kumar S/O Amerchand Ram @ Amir Chandra Ram R/O Hathiya Kansaray,P.S.-Shahpur, Distt-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Excise Masaurhi P.S. Case No. 304 of 2024, registered for the offences punishable under Sections 30(A) of Bihar Prohibition and Excise Act.

3. As per allegation, 90 litres of illicit liquor has been recovered from a sack kept on the motorcycle registration no. BR 01 DP-1814 which was ridden by the petitioners.

4. Learned counsel for the petitioners has submitted that the petitioners are the persons of clean antecedents and for the allegation of recovery of 90 litres of liquor from a

Patna High Court CR. MISC. No.48936 of 2024(2) dt.22-07-2024 2/2 motorcycle, they are under custody since 19.05.2024.

5. Considering the nature of allegation as well as clean antecedents of the petitioners, let the petitioners abovenamed be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, 2nd Patna in connection with Special Excise Masaurhi P.S. Case No. 304 of 2024, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T