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Patna High CourtCR. MISC./66235/2023bail granted

Pawan Kumar v. The State Of Bihar

2023-10-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66235 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

PAWAN KUMAR S/O DUDHESHWAR SINGH R/O VILLAGEMADARIHAN, PS. CHARPOKHARI, DIST. BHOJPUR 2.

RAJNISH KUMAR @ BIKI KUMAR S/O SHAMBHU SINGH R/O VILLAGE- MADARIHAN, PS. CHARPOKHARI, DIST. BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiva Ranjan, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Charpokhari P.S. Case no.151 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the four named accused persons including the two petitioners herein and Shiv Kumar Singh were taken into custody and 230 litres of liquor was recovered.

4. 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. They have no criminal antecedent and are in custody since

Patna High Court CR. MISC. No.66235 of 2023(2) dt.16-10-2023 2/2 30.7.2023. The co-accused Shiv Kumar Singh has been enlarged on bail vide order dated 15.9.2023 passed in Cr. Misc. no.60889 of 2023 and charge-sheet has been submitted in the case.

5. At this stage, learned counsel for the petitioners submits that in the online filing of the bail application, in the proforma the name of the district has wrongly been mentioned as Bhagalpur in place of the correct district Bhojpur.

6. Heard learned A.P.P for the State.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioners not having any criminal antecedent, charge-sheet having been submitted in the case and grant of bail to coaccused Shiv Kumar Singh, the petitioners are directed to be enlarged on bail in connection with Charpokhari P.S. Case no.151 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 Exclusive Special Excise Court-I, Bhojpur, Ara.

(Partha Sarthy, J) Shiv/- U T