Kiran Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61787 of 2021 Arising Out of PS. Case No.-122 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== 1.

KIRAN PAL Son of Shrichand Resident of Village Ganeshpur P.S. Pali Mukhimpur, District Aligarh (U.P.).

2.

Anil Kumar Son of Ramesh Chandra Resident of Village Korara, P.S. Harduaganj, District Aligarh (U.P.).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek regular bail in connection with Excise Case No. 789 of 2021 arising out of Mehandia P.S. Case No. 122 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioners submits that the petitioners are in custody since 11.09.2021, are persons with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 3124.8 litre of liquor from

Patna High Court CR. MISC. No.61787 of 2021(2) dt.28-01-2022 2/2 a truck.

Learned counsel for the petitioners submits that petitioner no. 1 is the driver and petitioner no. 2 is the cleaner of the truck and, as such, were not knowing what was loaded for transportation by the owner of the truck.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody, are persons with clean antecedent and charge-sheet has been submitted in this case, let the petitioners above named be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Jehanabad in connection with Excise Case No. 789 of 2021 arising out of Mehandia P.S. Case No. 122 of 2021, with condition that one of the bailors of both the petitioners shall be their respective fathers Shrichand and Ramesh Chandra respectively.

(Satyavrat Verma, J) Kundan/- U T