Niranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50775 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- KURSAILA District- Katihar ====================================================== 1.
Niranjan Kumar, aged about 24 years, male, Son of Shankar Mandal R/oAwadhesh Nagar Bhadaiya Tola Ps- Kursela Dist- Katihar 2.
Vedanand Mandal, aged about 36 years, male, son of Gopal Mandal R/oAwadhesh Nagar Bhadaiya Tola Ps- Kursela Dist- Katihar ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party :
Mr. Suresh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Kursela P.S Case No. 98 of 2024 dated 06.06.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 384 litres of illicit foreign liquor was recovered from the Baswari (bamboo orchard).
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The alleged recovery was made from an
Patna High Court CR. MISC. No.50775 of 2024(2) dt.16-07-2024 2/2 open place which is accessible to anyone. Nothing has been recovered from the possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 08.06.2024.
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-bond 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 Kursela P.S Case No. 98 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/amanU T