Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62435 of 2024 Arising Out of PS. Case No.-414 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== 1.

Pintu Kumar Son of Sanjivan Manjhi Resident of Village- Salaha, P.S.- Garkha, Dist.- Saran At Chhapra.

2.

Manish Manjhi Son of Ramjivan Manjhi Resident of Village- Salaha, P.S.- Garkha, Dist.- Saran At Chhapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, registered in connection with Excise P.S. Case No. 414 of 2024.

3. As per prosecution case, there has been recovery of total 146.880 liters of liquor from the roof of a tempo, which

Patna High Court CR. MISC. No.62435 of 2024(2) dt.09-09-2024 2/3 was being driven by the petitioner no. 1 and the petitioner no. 2 was sat inside.

4. The learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this case and have committed no offence. Petitioners have no concern with the alleged recovery of liquor and they have no knowledge regarding the goods loaded in it. No incriminating article has been recovered from the conscious possession of the petitioners. Moreover, petitioners have no criminal antecedent and they are in custody since 10.07.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioners, above-named, be released 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 learned Exclusive Special Excise Court No. II, Siwan in connection with Excise P.S. Case No. 414 of 2024, subject to the condition that the petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the Court.

7. Before accepting the bail bonds of the

Patna High Court CR. MISC. No.62435 of 2024(2) dt.09-09-2024 3/3 petitioners, the criminal antecedent(s) shall be verified and if it is found that they have involved in any other case except the present one, their bail bonds shall not be accepted. (Nawneet Kumar Pandey, J) Arish/- U T