Leel Bahadur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70686 of 2021 Arising Out of PS. Case No.-649 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== 1.

LEEL BAHADUR S/o Bir Bahadur R/o- Guli, Ward No. 1, District- Rukam (Nepal), at present H/o- Madhupal, P.S.- Alamganj, District- Patna. 2.

Michal Kusari @ Maical S/o- Dal Bahadur Kusari R/o- Guli, Ward No. 1, District- Rukam (Nepal), at present H/o- Madhupal, P.S.- Alamganj, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saifur Rahman For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard.

The petitioners seek regular bail in connection with Alamganj P.S. Case No. 649 of 2021, registered for the offence punishable under sections 30(a)/ 37 (c) of the Bihar Prohibition and Excise Act, 2020.

The case of the prosecution in brief is that upon receipt of secret information to the effect that some persons were engaged in selling illicit liquor, the informant along with his police force had reached at the place of occurrence and apprehended various persons including the petitioners herein and as far as the petitioner no. 1 is concerned, 15 liters of country made Mahua liquor was recovered whereas 10 liters of Mahua liquor is stated to have been recovered from the petitioner No.2.

Patna High Court CR. MISC. No.70686 of 2021(2) dt.09-06-2022 2/2 The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and are languishing in custody since 27.09.2021.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioners, I deem it fit and proper to admit the petitioners to the privilege of regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned court of Special Judge, Excise, Patna in connection with Alamganj P.S. Case No. 649 of 2021, Special Case No. 6094 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T