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Patna High CourtCR. MISC./63196/2023allowed

Vikky Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63196 of 2023 Arising Out of PS. Case No.-451 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

Vikky Kumar S/O Rajeev Kumar Rai Resident Of Village-Amer, P.S.- Biddupur, District-Vaishali.

2.

Ranjan Kumar S/O Sanjay Rai Resident Of Village-Nawanagar, P.S.- Biddupur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Patori P.S. Case No. 451 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 120 liters of country made liquor from a tempo and these petitioners are said to be passenger of the said vehicle.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners and

Patna High Court CR. MISC. No.63196 of 2023(3) dt.01-12-2023 2/2 also they have no concern with the seized liquor. They were passengers of the said vehicle. A statement has been made in para-3 of this petition that that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 08.07.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Patori P.S. Case No. 451 of 2023 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 Special Judge Excise Court No-2, Samastipur.

(Sunil Kumar Panwar, J) shubham/- U T