Patna High CourtCR. MISC./44821/2023bail granted

Dhiraj Kumar v. The State Of Bihar

2023-07-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44821 of 2023 Arising Out of PS. Case No.-434 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== 1.

Dhiraj Kumar S/O Late Ravindra Prasad Yadav R/O Village- Bhimpur (BHIMPURA), Sundarpatti, Ward No. 09, Ps. Madhepura, Dist. Madhepura 2.

Mukesh Kumar S/O Late Jay Krishna Yadav @ Late Jai Krishan Yadav R/O Village- Bhimpur (BHIMPURA), Sundarpatti, Ward No. 09, Ps. Madhepura, Dist. Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-07-2023 Heard the learned counsel for the petitioners and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioners seek bail in connection with Madhepura Excise P.S. Case No. 434 of 2023 registered for the offence under Sections 30 A of Bihar Prohibition and Excise Amendment Act, 2018.

4. As per the prosecution case, 20 liters of cough syrup was recovered from the possession of the petitioners.

5. Learned counsel for the petitioners submits that the petitioners are neither the seller nor the purchaser of the alleged cough syrup.

Patna High Court CR. MISC. No.44821 of 2023(2) dt.26-07-2023 2/2

6. Learned counsel for the petitioners further submits that the petitioners are falsely implicated in this case as they are daily wages labour.

7. Learned counsel for the petitioner also submits that the petitioner is in custody since 31.05.2023.

8. Learned A.P.P. has vehemently opposed the prayer for bail.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge, Excise-II, Madhepura in connection with Madhepura Excise P.S. Case No. 434 of 2023.

11. The petitioners will visit Madhepura Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioners.

(Sandeep Kumar, J) Vikas/- U T