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Patna High CourtCR. MISC./54385/2021bail granted

Krishna Saw v. The State Of Bihar

2022-04-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54385 of 2021 Arising Out of PS. Case No.-198 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

KRISHNA SAW Son of Raghuni Saw 2.

JITENDRA KUMAR Son of Krishna Saw Both resident of Village - Hamidganj Cheyar Main Road Ward no.2, P.S.- Daltonganj, Distt.- Palamu (Jharkhand). At present - Quarter No.28, Irrigation Colony Aurangabad, Dist.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Anand, Adv.

For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received and a raid being conducted, 160 litres of liquor was recovered from a quarter. It is further stated that on enquiry, it transpired that the liquor had been stored by the two petitioners who were involved in the business of liquor. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. Neither the quarter from which the alleged seizure was made

Patna High Court CR. MISC. No.54385 of 2021(2) dt.04-04-2022 2/2 was at any point of time allotted to the petitioner no.1 nor do the petitioners have any concern with the seized liquor. They have no criminal antecedent and are in custody since 22.5.2021 and 7.6.2021 respectively.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioners not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs both the petitioners to be enlarged on bail in connection with Town P.S. Case no.198 of 2021 (G.R. no.645 of 2021) on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge (Excise), Aurangabad.

(Partha Sarthy, J) Saurabh/- U T