Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63964 of 2023 Arising Out of PS. Case No.-381 Year-2023 Thana- BARUN District- Aurangabad ====================================================== 1.
DHANANJAY KUMAR S/O KRISHNA SAW R/O VILLAGE- BARDI KHURD, PS. BARUN, DIST. AURANGABAD 2.
MANISH RAJ S/O LAKSHMI RAM R/O VILLAGE- BARDI KHURD, PS. BARUN, DIST. AURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of total 31 liters of foreign liquor from the motorcycle of the each petitioners.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners have no concern with the seized wine in question. He submitted
Patna High Court CR. MISC. No.63964 of 2023(2) dt.11-10-2023 2/2 that the Registration Number of the Hero Splendor Plus Motorcycle bearing Reg. No. BR26W-5804 and the same is registered in the name of Lakshmi Ram, father of the petitioner no. 2 and the another motorcycle i.e., Black Coloured Motorcycle belongs to the petitoner no. 1 itself. No incriminating articles have been recovered from the conscious possession of these petitioners. They are languishing in judicial custody since 09.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge,Excise-I, Aurangabad in connection with Barun P.S. Case No. 381 of 2023. (Sunil Kumar Panwar, J) Arish/- U T