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Patna High CourtCR. MISC./48134/2022allowed

Barun Kumar v. The State Of Bihar

2022-11-22Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48134 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Barun Kumar, S/O Ramesh Chandra @ Ramesh Dhandra, Resident of Village- Chandila, P.S.- Hathras in the District of Hathras, Uttar Pradesh (UP). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 48454 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Sandeep Kumar @ Sandip Kumar, S/o Late Yadunandan Prasad, R/o VillagePandhar, P.S.- Ariyari in the District of Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49543 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Ramdas, Son of Rambabu, Resident of Village - Prajapati Basti , P.S.- Etmatdola in the Distt.- Agra, Uttar Pradesh (U.P) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 48134 of 2022) For the Petitioner/s :

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

Mr.Kumar Veerendra Narayan, APP (In CRIMINAL MISCELLANEOUS No. 48454 of 2022) For the Petitioner/s :

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

Mr.Shailendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 49543 of 2022) For the Petitioner/s :

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

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

Patna High Court CR. MISC. No.48134 of 2022(3) dt.22-11-2022 2/3 ORAL ORDER 22-11-2022 Since all the petitions arise out of Kiul P.S. Case No. 87 of 2022, as such, the same have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned APP for the State.

Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioners seek bail in connection with Kiul P.S. Case No. 87 of 2022, registered for the alleged offence under Section 30 (a) of the Bihar Prohibition and Excise Act.

Allegedly, total 88.5 liters of India made foreign liquor was recovered from the co-accused persons and the petitioners. The petitioners and the co-accused persons were apprehended from the spot by the police.

The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from their conscious possession. The charge sheet has been submitted in this case. The petitioners are in custody since 16.06.2022 and are having clean antecedent.

The learned APP opposes the prayer for bail.

Patna High Court CR. MISC. No.48134 of 2022(3) dt.22-11-2022 3/3 Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and period of custody of the petitioners along with their clean antecedent, they are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V-cum-Exclusive Special Court No.2, Excise Act, Lakhisarai, in connection with Kiul P.S. Case No.87 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T