Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49166 of 2024 Arising Out of PS. Case No.-616 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== 1.
Birendra Kumar, aged about 28 years, Male, Son Of Late Muneshwar Sao R/O- Village- Lipta, P.S.- Partap Pur, Distt.- Chatra (Jharkhand) 2.
Rachit Kumar, aged about 24 years, Male, Son Of Suraj Mahal Sao @ Surujman Saw R/O- Village- Lipta, P.S.- Partap Pur, Distt.- Chatra (Jharkhand) ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party :
Mr. Sunil Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 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 Excise P.S Case No. 616 of 2024 dated 09.06.2024 registered for the offence punishable u/ss 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 144 litres of illicit foreign liquor was recovered from the car.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners have clean
Patna High Court CR. MISC. No.49166 of 2024(2) dt.10-07-2024 2/2 antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 09.06.2024.
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, Gaya, in connection with Excise P.S Case No. 616 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/aman U T