Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41163 of 2020 Arising Out of PS. Case No.-152 Year-2020 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== 1.

BINOD KUMAR S/O ALAGU PRASAD RESIDENT OF VILLAGE KUCHAIKOTE, P.S.-KUCHAIKOTE, DISTRICT-GOPALGANJ. 2.

JITENDRA KUMAR S/O LATE BALISTER PRASAD R/O VILLAGEKUCHAIKOTE, P.S.-KUCHAIKOTE, DISTRICT-GOPALGANJ. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Madhav Raj Anuj Kumar, Advocates For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-03-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Vishambharpur P.S. Case no. 152 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the first information report, 67.200 litres of IMFL was recovered from the vehicle in which the two petitioners were travelling.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their possession nor from the vehicle in which they were travelling. They have no criminal antecedents, they are in custody since

Patna High Court CR. MISC. No.41163 of 2020(3) dt.23-03-2021 2/2 3.10.2020 and chargesheet has been submitted in the case. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the period in custody together with the petitioners not having any criminal antecedent, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Vishambharpur P.S. Case no. 152 of 2020 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, Gopalganj. (Partha Sarthy, J) Spd/- U T