Patna High CourtCR. MISC./49561/2024allowed

Anish Kumar v. The State Of Bihar

2024-07-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49561 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1.

ANISH KUMAR SON OF SIKENDRA PRASAD RESIDENT OF BHATWARA, WARD NO. -6, P.S.- KORHA, DISTT.- KATIHAR 2.

MANU KUMAR SON OF MURLI RAY @ MURARI RAY RESIDENT OF JAGWATI, P.S.- MANIHARI, DISTT.- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Katihar Muffasil P.S. Case No. 109 of 2024 dated 21.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 672 litres of illicit foreign liquor was recovered from the basement of the poultry farm. It is also alleged that two motorcycles and car were recovered near pakka house.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.49561 of 2024(2) dt.10-07-2024 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. The petitioners have clean antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 22.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Katihar Muffasil P.S. Case No. 109 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T