Munna Kumar Gupta @ Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55342 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- AKHODHIGOLA District- Rohtas ====================================================== 1.

MUNNA KUMAR GUPTA @ MUNNA SAH son of Guput Sah R/o- Baradhi Pul PsAkorhi gola Dist- rohtas 2.

Munna Yadav @ Munna Kumar son of Mutur Yadav Village- Shankarpur Ps- Akorhi gola Dist- rohtas 3.

Ajit Yadav son of Late Mahendra Singh Village- Jatan Bigha Ps- Akorhi Gola Dist- rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

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

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Akorhi Gola P.S. Case No. 87 of 2023 dated 26.04.2023 registered for the offences punishable u/ss 147, 148, 149, 332, 333, 341, 323, 324, 325, 307, 353 and 504 of the Indian Penal Code and u/ss 30(a) and 45 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 40 litres of illicit country made liquor was recovered from the house of the co-accused persons namely Ajit Chaudhary@ Bauna, Dablu

Patna High Court CR. MISC. No.55342 of 2023(2) dt.31-08-2023 2/2 Chaudhary and wife of Dablu Chaudhari. It is further alleged that the co-accused persons were selling the illicit liquor in their house.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners has transpired in this case during the course of investigation. Nothing has been recovered from the possession of the petitioners. The petitioner no. 1 is accused in one criminal case whereas the petitioner no. 2 and 3 have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 28.04.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Akorigola P.S. Case No. 87 of 2023.

8. The application stands allowed.

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