Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69212 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- DHANGAI District- Bhojpur ====================================================== 1.

SUNIL KUMAR Son of Late Vijay Singh Resident of Village- Bhorahi Tola, P.S.- Jagdishpur, District- Bhojpur.

2.

Chandan Kumar Son of Late Vijay Singh Resident of Village- Bhorahi Tola, P.S.- Jagdishpur, District- Bhojpur.

3.

Wakil Yadav Son of Kedar Yadav Resident of Village- Bhorahi Tola, P.S.- Jagdishpur, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with Dhangai Police Station Case No. 70 of 2021, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police intercepted one motorcycle on which the petitioners were riding and recovered a total quantity of 160 litres of illicit liquor from the said bag.

Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case by the

Patna High Court CR. MISC. No.69212 of 2021(2) dt.23-05-2022 2/2 police with oblique motive. He further submits that the petitioners have no concern with the motorcycle from which the illicit liquor has been recovered. He further submits that no illicit liquor has been recovered from the conscious possession and/or vehicle belonging to them. He further submits that the petitioners are in custody since 17.09.2021 and charge sheet has already been submitted and as such there is no likelihood that the petitioners will abscond and/or tamper with the evidence. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that charge sheet has already been submitted and the petitioners are in custody since 17.09.2021, I am inclined to grant regular bail to the petitioners. This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Bhojpur, at Ara, in connection with Dhangai Police Station Case No. 70 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √