Patna High CourtCR. MISC./57404/2023allowed

Appu Kumar v. The State Of Bihar

2023-08-31Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57404 of 2023 Arising Out of PS. Case No.-594 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== 1.

APPU KUMAR S/O JANTA SINGH R/O VILLAGE- SALEMPUR, PS. CHANDI, DIST. BHOJPUR 2.

SAROJ KUMAR S/O JANTA SINGH R/O VILLAGE- SALEMPUR, PS. CHANDI, DIST. BHOJPUR ... ... petitioners/s

Versus

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

For the petitioners/s :

Mr.Raju Kumar Singh For the Opposite Party/s :

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

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 50 liters of illegal country-made liquor from a motorcycle.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.57404 of 2023(2) dt.31-08-2023 2/3 that petitioners has been falsely implicated in this case. They have committed no offence. petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 14.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioners are directed to deposit Rs. 5,000/- (Five thousand) each in the account of concerned DLSA.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Government Official Comp. P.S. Case No. 594 of 2023.

8. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.57404 of 2023(2) dt.31-08-2023 3/3 5,000/- (Five thousand) each by the petitioners in the account of concerned DLSA.

(Sunil Kumar Panwar, J) arish/- U