Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55116 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== 1.

Sandeep Kumar S/o Sanjay Yadav R/o vill - Doghra, P.S. - Bihta, Distt - Patna 2.

Pankaj Kumar S/o Naresh Yadav R/o vill - Doghra, P.S. - Bihta, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar Shrivastava For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Chandi P.S. Case No. 81 of 2024.

3. As per prosecution case, there has been recovery of total 80 liters of liquor from a motorcycle and these petitioners were apprehended on spot.

4. The learned counsel for the petitioners has

Patna High Court CR. MISC. No.55116 of 2024(2) dt.14-08-2024 2/3 submitted that petitioners have been falsely implicated in this case and have committed no offence. Petitioners have no concern either with the alleged recovery of liquor or with the vehicle in question. On the basis of suspicion, they have been made accused in this case. No incriminating article has been recovered from the conscious possession of these petitioners. Petitioners are person of clean antecedent and they are in custody since 26.06.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case and the clean antecedent of the petitioners, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No. 1, Bhojpur at Ara in connection with Chandi P.S. Case No. 81 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

7. Before accepting the bail bonds of the petitioners, their criminal antecedent(s) shall be verified and

Patna High Court CR. MISC. No.55116 of 2024(2) dt.14-08-2024 3/3 if it is found that they are involved in any other case except the present one, his bail bonds shall be cancelled. (Nawneet Kumar Pandey, J) Arish/- U T