Harun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55705 of 2023 Arising Out of PS. Case No.-354 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

HARUN S/O IMAMUDDIN R/O GADHI, P.S- SAHPUR, DISTT.- MUZZAFARNAGAR, UTTAR PRADESH.

2.

DURGAKANT CHAUDHARY S/O HARERAM CHAUDHARY R/O VILLAGE- SAHASRAM, P.S- BIRAUL, DISTT.- DARBHANGA., BIHAR.

3.

MITHILESH KUMAR S/O MAHENDRA YADAV R/O VILLAGEHARSHER, P.S- BIRAUL, DISTT.- DARBHANGA, BIHAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devashish Giri For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 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 total 216 liters of illegal foreign liquor from two Bus.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners have apprehended on spot. He submitted that the petitioners have no concern with the

Patna High Court CR. MISC. No.55705 of 2023(2) dt.30-08-2023 2/2 wine in question. No incriminating article has been recovered from the conscious possession of the petitioners. They are languishing in judicial custody since 16.07.2023.

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

6. The petitioners are directed to deposit Rs. 10,000/- (ten 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 Kuchaikote P.S. Case No. 354 of 2023.

8. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/- (ten thousand) each by the petitioners in the account of concerned DLSA.

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