Patna High CourtCR. MISC./61445/2023bail granted

Lav Kush Kumar v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61445 of 2023 Arising Out of PS. Case No.-345 Year-2023 Thana- AKBARPUR District- Nawada ====================================================== 1.

LAV KUSH KUMAR SON OF BABU LAL PRASAD RESIDENT OF VILLAGE - TARUPUR, P.S. - NARHAT, DISTRICT - NAWADA 2.

VIJAY CHAUDHARY SON OF HARI CHAUDHARY RESIDENT OF VILLAGE - DAIBA, P.S. - NEMDAR GANJ, DISTRICT - NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023

1. Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Akbarpur P.S. Case No. 345 of 2023 dated 18.07.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the petitioners were apprehended with a car from which 330 litres of country-made liquor was recovered.

Patna High Court CR. MISC. No.61445 of 2023(2) dt.12-09-2023 2/2

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners are not the owner of the said vehicle. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 18.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Akbarpur P.S. Case No. 345 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T