Patna High CourtCR. MISC./47443/2024bail granted

Bittu Kumar v. The State Of Bihar

2024-07-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47443 of 2024 Arising Out of PS. Case No.-323 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== 1.

BITTU KUMAR SON OF VINOD RAY VILLAGE- SONBARAHA, P.S.- MAKER, DISTT- SARAN CHAPRA 2.

UMESH KUMAR @ UMESH KUMAR YADAV @ UMESH KUMAR SON OF MADAN YADAV VILLAGE- BHATPAR RANI, P.S.- KHAMPAR, DISTT.- DEORIA (U.P.) 3.

PANCHAM RAY SON OF LATE JAMUNA RAY VILLAGE- POJHI, WARD NO. 11, P.S.- DERNI, DISTT.- SARAN AT CHAMPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Majid Mahboob Khan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Siwan P.S. Case No. 323 of 2024 registered for the offence under Section 30(a) and 32(2) of Bihar Prohibition and Excise Act, 2016 (Amended 2022).

3. The recovery is of 600 liters of illegal whisky.

4. Learned counsel for the petitioners submit that the petitioners are innocent and they are in custody since 27.05.2024.

Patna High Court CR. MISC. No.47443 of 2024(2) dt.10-07-2024 2/2

5. Learned counsel for the petitioners submit that the petitioners are ready to donate Rs. 50,000/- collectively in some charitable organization without accepting their guilt.

6. Learned APP appearing for the State opposes the prayer for bail of the petitioners.

7. Considering the facts and circumstances of the case and submission of learned counsel for the petitioners, let the petitioners, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 02, Siwan in connection with Siwan Excise P.S. Case No. 323 of 2024.

8. This is also subject to the condition that the petitioners shall deposit an amount of Rs. 50,000/- collectively in Ramakrishna Mission Ashram, Chhapra and produce the receipt of the same before the Court below. The bail bonds of the petitioners shall be accepted only after verifying the genuineness of the receipt produced by the petitioners. (Sandeep Kumar, J) Vikas/- U T