Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72513 of 2021 Arising Out of PS. Case No.-424 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== 1.

CHINTU KUMAR Son of Late Bira Rai Resident of Village - Bari Path Naya Gaon, P.S.- Pirbahore, Distt.- Patna.

2.

MUKESH KUMAR Son of Late Vidyanand Rai Resident of Village - Musallahpur, Bari Path Raghubansh Lodge, P.S.- Pirbahore, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratnesh Kumar, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2022 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, 75 litres of liquor each ie 150 litres of liquor was recovered from the two petitioners. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession. The petitioners are in custody since 13.10.2021 and have no criminal antecedent under the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.72513 of 2021(2) dt.08-06-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioners not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, their period in custody being more than 7 months and chargesheet having been submitted in the case, the Court directs the two petitioners to be enlarged on bail in connection with Special Case no.6619 of 2021 (arising out of Pirbahore P.S. Case no.424 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 Special Judge, Excise, Patna.

(Partha Sarthy, J) Saurabh/- U T