Patna High CourtCR. MISC./46005/2023allowed

Saurav Kumar v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46005 of 2023 Arising Out of PS. Case No.-290 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== 1.

SAURAV KUMAR S/o- MUKESH SINGH Village- Bihat Tola Gurdashpur Pirasthan Ps- Barauni FCI, Dist- Begusarai 2.

Gaurav Kumar son of Mukesh Singh Village- Bihat Tola Gurdashpur Pirasthan Ps- Barauni FCI, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Suruchi Anand with Ms. Nidhi Anand, Advocates For the Opposite Party/s :

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

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 192.780 liters of illegal foreign liquor from the field of one Chunchun Kumar.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners have not apprehended on spot. He submitted that the petitioners have no concern with

Patna High Court CR. MISC. No.46005 of 2023(2) dt.04-08-2023 2/2 the seized wine and the place of occurrence does not belongs to the petitioners. Due to their criminal antecedents, the petitioners have been implicated in the present case by the police. They are languishing in judicial custody since 23.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Barauni P.S. Case No. 290 of 2023.

(Sunil Kumar Panwar, J) arish/- U T