Bittu Kumar @ Bitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48306 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== 1.

Bittu Kumar @ Bitu Kumar Son of Late Lalbabu Singh Resident of village - Mathiya Nandlal, Police Station - Kuchaikote, District - Gopalganj. 2.

Nitish Kumar Son of Upendra Yadav Resident of village - Khairtwa, Police Station - Kuchaikote, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA 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 Vishambharpur PS Case No. 62 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 125.460 liters liquor was recovered from a gunny bag, which was hidden in bush near temple.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.48306 of 2024(2) dt.10-07-2024 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioners are in custody since 05-05-2024. Petitioner No.1 is a man of clean antecedent, while petitioner No.2 bears one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vishambharpur PS Case No. 62 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.48306 of 2024(2) dt.10-07-2024 3/3 bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T