Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67311 of 2021 Arising Out of PS. Case No.-377 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== 1.

VISHAL KUMAR Son of Sadish Goswami @ Satish Goswami Resident of village - Gola Road, P.S.- Danapur, District - Patna. 2.

Sudhir Kumar Son of Rajeshwar Ray Resident of Ramjee Chak, Chainpur Kothi, P.S.- Digha, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-04-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on the vehicle of the petitioners being searched, it is stated that 207 litres of liquor was recovered and the two petitioners who were the driver and khalasi were taken into custody.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession. They are in custody since 27.10.2021 and have no

Patna High Court CR. MISC. No.67311 of 2021(2) dt.01-04-2022 2/2 criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners not having any criminal antecedent and having remained in custody for over 5 months, the Court directs the two petitioners to be enlarged on bail in connection with Rivilganj P.S. Case no. 377 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cumSpecial Judge, Rivilganj, Saran. (Partha Sarthy, J) Bibhash/- U