Bihari Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61394 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== 1.

Bihari Bhuiyan Son of Dukhi Bhuiyan Resident of Village- Jabara, PSHunterganj, District- Chatara (Jharkhand) 2.

Tetar Bharti Son of Saryu Bhuiyan Resident of Village- Jabara, PSHunterganj, District- Chatara (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the State :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-09-2024 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(c) of the Bihar Prohibition and Excise Act, registered in connection with Excise P.S. Case No. 103 of 2024.

3. As per prosecution case, there has been recovery of total 40 liters of illicit liquor from a motorcycle and the petitioners were apprehended on spot.

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

Patna High Court CR. MISC. No.61394 of 2024(2) dt.05-09-2024 2/2 concern either with the alleged recovery of liquor or with the seized vehicle in question. On the basis of suspicion, they have been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioners. Petitioners are person of clean antecedent and they they are in custody since 06.07.2024.

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

6. Considering the above facts and circumstances of the case and the petitioners having clean antecedent, 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 Excise Court No. 3, Gaya in connection with Excise P.S. Case No. 103 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T