Phucho Singh @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68762 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== 1.

PHUCHO SINGH @ ADITYA KUMAR Son of Ram Sujha Singh @ Ram Subhag Singh Resident of Village - Moktiyarpur, P.S.- Bhagwanpur, District.- Begusarai.

2.

Satto @ Satrudhan Das @ Satyanarayan Das Son of Ram Chandra Das Resident of Village - Moktiyarpur, P.S.- Bhagwanpur, District.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 49.5 litres of IMFL was recovered from the road side and it was said that the same belonged to the petitioners.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their possession and they have no concern with the seized liquor. The cause of false implication is the antecedent of the petitioner no.

1. The petitioner no. 2 has no criminal antecedent. They are in

Patna High Court CR. MISC. No.68762 of 2021(2) dt.17-05-2022 2/2 custody since 14.9.2022 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the incriminating article not having been recovered from the petitioners possession together with the petitioners having remained in custody for 8 months, the petitioners are directed to be enlarged on bail in connection with Bhagwanpur P.S. Case no. 90 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II - cum - Special Judge, Excise Act, Begusarai. (Partha Sarthy, J) Spd/- U T