Meghnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9116 of 2021 Arising Out of PS. Case No.-649 Year-2020 Thana- MANER District- Patna ====================================================== 1.

Meghnath Kumar S/o Upendra Rai Residence of Village- Gauraiyasthan, Neelkanth Tola, P.S.- Maner, District- Patna. 2.

Somnath Kumar S/o Upendra Rai Residence of Village- Gauraiyasthan, Neelkanth Tola, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Special Case no. 6800 of 2020 arising out of Maner P.S. Case no. 649 of 2020 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., on secret information having been received, a raid was conducted and 210 litres of Mahua liquor was recovered from the Badhar of the petitioners which was used for keeping their cattle etc.

It is submitted by learned counsel for the petitioners that no recovery, as alleged, has taken place and they have been

Patna High Court CR. MISC. No.9116 of 2021(2) dt.10-02-2021 2/2 falsely implicated in the case. The alleged place of recovery cannot be stated to be under the exclusive control of the petitioners. They have no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners, the petitioners having no criminal antecedents and being in custody since 29.11.2020, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Special Case No. 6800 of 2020 arising out of Maner P.S. Case no. 649 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Spl. Excise Judge, Patna.

(Partha Sarthy, J) B.Kr./- U T