Ashok Koda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54770 of 2022 Arising Out of PS. Case No.-113 Year-2021 Thana- KAJRA District- Lakhisarai ====================================================== 1.

Ashok Koda S/o Khitar Koda, R/o Village- Sri Kishun Kodasi, Pachhiyari Tola, P.S.- Kajra, Distt- Lakhisarai.

2.

Vikku Koda S/o Nat Koda, R/o Village- Sri Kishun Kodasi, Pachhiyari Tola, P.S.- Kajra, Distt- Lakhisarai.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.

The petitioners seek regular bail in connection with Kajra P.S. Case No. 113 of 2021, lodged under Sections 30(a), (b), (c) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, total recovery of 110 liter Mahua wine is subject matter of the present case. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He

Patna High Court CR. MISC. No.54770 of 2022(2) dt.25-11-2022 2/2 further submits that the alleged recovery has been made from bush in a nearby forest. Learned counsel further submits that antecedent of the petitioners are clean and they have in custody since 10.08.2022 and charge-sheet has already been filed in this case.

Learned A.P.P. for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge V-cumExclusive Special Court-2 Excise, Lakhisarai in connection with Kajra P.S. Case No. 113 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T