Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54951 of 2021 Arising Out of PS. Case No.-337 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

PANKAJ KUMAR Son of Late Ramlal Rai Resident of Village Narha (Ward no. 4 and 5) Police station - Suppi, District - Sitamarhi. 2.

Ram Ishwar Kumar son of Late Surendra Rai Resident of Village Narha (Ward no. 4 and 5) Police station - Suppi, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Ashok Kumar Jha Aaurav Anand, Advocates For the Opposite Party/s :

Mr. Kalyan Shankar, 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, 171 litres of Nepali Soufi wine was recovered from the motorcycle of the petitioners and they were taken into custody.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession or from the vehicle in question. They are in custody since 16.7.2021 and have no criminal antecedent.

Heard learned APP for the State.

Patna High Court CR. MISC. No.54951 of 2021(2) dt.04-04-2022 2/2 Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioners not having any criminal antecedent and having remained in custody for more than 8 months, the petitioners are directed to be enlarged on bail in connection with Complaint Case no. C2 337 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 Sessions Judge II - cum - Special Judge, Excise Act, Sitamarhi. (Partha Sarthy, J) Spd/- U T