Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66469 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== 1.

Aman Kumar Son of Ompraksh Chaudhary R/o Village- Naviganj Bintoli, P.S.- Rivilganj, District- Saran, Bihar 2.

Munna Kumar Son of Rajnath Mahto R/o Village- Naviganj Bintoli, P.S.- Rivilganj, District- Saran, Bihar 3.

Kundan Kumar @ Bhola @ Kundan Kumar Prasad Son of Late Krishna Prasad @ Late Krisina Sah R/o Village- Nathmalpur, P.S.- Barhara (Baahara), District- Bhojpur, Bihar 4.

Raju Singh Son of Late Suryanath Singh R/o Village- Nathmalpur, P.S.- Barhara (Barahara), District- Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Tiwari, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Barhara P.S. Case No. 250 of 2024 dated 15.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 700 litres of illicit country made liquor kept in seven sacks was recovered from the boat.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.66469 of 2024(2) dt.18-09-2024 2/2 implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners are not the owner of the said boat and they have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioner nos. 1, 2 and 4 have no criminal antecedent whereas the petitioner no. 3 has three criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 15.08.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Barhara P.S. Case No. 250 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T