Arvind Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55913 of 2023 Arising Out of PS. Case No.-276 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== 1.

ARVIND PANDEY son of Om Prakash Pandey village- Khaira Tola PsNautan Dist- West Champaran 2.

SONU KUMAR son of sitaram Yadav village- Khaira Tola Ps- Nautan DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners prayed for regular bail in connection with Nautan P.S. Case no. 276 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 172 liters of illicit liquor from two motorcycles and the petitioners are said to be apprehended on spot.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They has falsely been implicated in this present case on the basis of suspicion. They have got no criminal antecedent

Patna High Court CR. MISC. No.55913 of 2023(2) dt.31-08-2023 2/2 as stated in para-3 of the bail petition. Petitioners have no concern with the alleged recovery of illicit liquor or with the seized motorcycles. No any incriminating article has been recovered from their possession. It is further submitted that the petitioners are languishing in judicial custody since 9.7.2023. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Nautan P.S. Case No. 276 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T