Anil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47886 of 2023 Arising Out of PS. Case No.-296 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Anil Son Of Baljeet Bhalot Village- Balor Ps- Imt Rohtak, Hariyana 2.

Anil Kumar Son Of Sri Krishna Village- Balor Ps- Imt Rohtak, Hariyana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 513 liters illegal liquor from dickey of the Creta Car bearing Reg. No. HP17E-6878 and the petitioners were also apprehended on the spot.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners have no concern with the alleged recovery nor vehicle in question

Patna High Court CR. MISC. No.47886 of 2023(2) dt.04-08-2023 2/2 belongs to them. It is further submitted that nothing has been recovered from their conscious possession and seizure list has not been prepared as per provision of Section 100 of the Cr.P.C.. Moreover, the petitioners are languishing in judicial custody since 18.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kuchaikote P.S. Case No. 296 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIV-cum Exclusive Special Excise Court-II, Gopalganj. (Sunil Kumar Panwar, J) Manishkumar/- U T