Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66603 of 2021 Arising Out of PS. Case No.-199 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== 1.

Subhash Kumar Son of Rambabu Rai Resident of village - Salempur, P.S.- Lalganj, District - Vaishali.

2.

Nawal Kumar Son of Rajgir Rai Resident of village - Salempur, P.S.- Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Bela Singh For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Lalganj P.S. Case No. 199 of 2021, registered for the offence punishable under Section 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2016.

177.5 litres of country made liquor has been recovered from the bed of Gandak river. It is alleged that the consignment was hidden there by these petitioners. It is submitted that petitioners have falsely been implicated in this case only on suspicion. No incriminating article has been recovered from conscious possession of these

Patna High Court CR. MISC. No.66603 of 2021(2) dt.24-05-2022 2/2 petitioners. Recovery has been made from open place which is accessible to general public. Petitioners have got clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumSpecial Judge, Excise Court, Vaishali in connection with Lalganj P.S. Case No. 199 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T