Patna High CourtCR. MISC./55173/2023bail granted

Ajit Kumar v. The State Of Bihar

2023-08-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55173 of 2023 Arising Out of PS. Case No.-1305 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== 1.

AJIT KUMAR SON OF SRI JAGDISH SAH RESIDENT OF VILLAGE - CHAINPUR CHIUTAHAN, P.S. - PAROO, DISTRICT - MUZAFFARPUR 2.

RAJAN KUMAR SON OF SRI MUNNA SINGH RESIDENT OF VILLAGE - KISHUNPUR MADHUBAN, P.S. - KURHANI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 1305 of 2023 dated 22.6.2023 registered for the offences punishable u/s 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 994.680 litres of illicit foreign liquor is alleged to have recovered from a tempo and the petitioners were apprehended sitting in the said vehicle.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.55173 of 2023(2) dt.31-08-2023 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners are not the owner of the said vehicle. The petitioners have clean antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 23.6.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Excise P.S. Case No. 1305 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T