Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68394 of 2021 Arising Out of PS. Case No.-503 Year-2021 Thana- SONEPUR District- Saran ====================================================== 1.

AMAR KUMAR S/o Sri Sushil Rai Resident of Village- Baburabani Sahpur, Diyara, P.S.- Sonpur, Distt- Saran.

2.

RAJU KUMAR S/o Sri Sushil Rai Resident of Village- Baburabani Sahpur, Diyara, P.S.- Sonpur, Distt- Saran.

3.

HAKIM RAI S/o Kuldeep Rai Resident of Village- Baburabani Sahpur, Diyara, P.S.- Sonpur, Distt- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 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), 38 and 41(i) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 45 litres of liquor was recovered from the Wagon R car from which the petitioner nos. 1 and 2 were arrested while 86.4 litres of liquor was recovered from the Santro car from which the petitioner no.3 was arrested. 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

Patna High Court CR. MISC. No.68394 of 2021(2) dt.16-05-2022 2/2 possession or from their vehicles in which they were travelling. They are in custody since 30.8.2021 and have no 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 8 months, the Court directs all the three petitioners to be enlarged on bail in connection with Sonpur P.S. Case no. 503 of 2021 on 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-cum-Special Judge, Excise, Saran. (Partha Sarthy, J) Bibhash/- U