Patna High CourtCR. MISC./46839/2023bail granted

Bhola Kumar v. The State Of Bihar

2023-07-31Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46839 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== 1.

BHOLA KUMAR, Son of Late Dilip Prasad, Resident of village - Akul Misri Seva Enclave Apartment Chandwari Road, Kankarbagh, P.S. - kankarbagh, Distt. - Patna, at present Shivpuri, P.s.- Gardanibagh, District.- Patna 2.

Manish Kumar, Son of Nilu Saw, Resident of village - Giar, P.S. - Asthawan, District. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Gandhi Maidan P.S. Case No. 273 of 2023 dated 11.04.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioners are that both the petitioners have no criminal antecedent, the instant matter relates to the recovery of 153.1 litres of English wine from the basement of Hariom Apartment, with which the petitioners have no concern, in fact both the petitioners use to sale Bhunja for the purpose of their

Patna High Court CR. MISC. No.46839 of 2023(2) dt.31-07-2023 2/2 livelihood in front of the said Hariom Apartment and they were made accused merely on the basis of suspicion and they have been languishing in jail since 12.04.2023.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioners' fair and clean antecedent and completion of investigation against them, in my opinion, they deserve to the privilege of bail. Accordingly, let the petitioners named-above be enlarged on bail in connection with Gandhi Maidan P.S. Case No. 273 of 2023 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T