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Patna High CourtCR. MISC./67942/2021bail granted

Krishna Kumar Jha v. The State Of Bihar

2022-04-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67942 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== 1.

KRISHNA KUMAR JHA SON OF LATE SHYAMSUNDAR JHA RESIDENT OF VILLAGE- DUMRI KATSARI, P.S- SHYAMPUR BHATAHA, DIST- SHEOHAR 2.

SUMIT KUMAR @ CHHOTU JHA SON OF SRI KRISHNA KUMAR JHA RESIDENT OF VILLAGE- DUMRI KATSARI, P.S- SHYAMPUR BHATAHA, DIST- SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshansh Ankit, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, liquor was recovered and two accused persons namely Mithu Sahani and Om Prakash Sahani were taken into custody. It is further stated that the arrested accused persons disclosed that they are involved in the business of liquor and liquor is provided to them by the two petitioners herein.

Patna High Court CR. MISC. No.67942 of 2021(2) dt.08-04-2022 2/2 It is submitted by learned counsel for the petitioners that the allegations leveled against the petitioners are false and concocted. No incriminating article has been recovered from the possession of the petitioners. The only material against them is the confessional statement of a co-accused made before police. They are in custody since 28.8.2021 and have no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, charge sheet having been submitted in the case and the petitioners not having any criminal antecedent, the Court directs the above two petitioners to be enlarged on bail in connection with Shyampur Bhataha P.S. Case no. 107 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 Additional Sessions Judge-II-cum-Special Judge (Excise Act), Sheohar.

(Partha Sarthy, J) Prakash/- U