Patna High CourtCR. MISC./65469/2023allowed

Durgesh Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65469 of 2023 Arising Out of PS. Case No.-165 Year-2023 Thana- NAUTAN District- Siwan ====================================================== 1.

DURGESH KUMAR S/o- BRIJ KISHORE SAH Village- Hathua Basdila Ps- Mirganj Dist- Gopalganj 2.

NITESH KUMAR S/o- ACHHELAL MAHTO Village- Baletha Ganpati PsSiwan Muffasil Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per FIR, it is a case of recovery of incriminating wine from the Maruti Suzuki which is driven by the petitioner No.1 and the petitioner No.2 sitting inside the Suzuki car.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case and they have no concern with the vehicle in question and petitioners have no criminal antecedent. Petitioners are in

Patna High Court CR. MISC. No.65469 of 2023(2) dt.13-10-2023 2/2 custody since 23.08.2023.

5. The petitioner No.1 is directed to deposit Rs.10,000/- to the concerned District Legal Service Authority and showing the receipt at the time of furnishing of bail bond.

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

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail subject to deposit the aforesaid amount in the concerned Legal Service Authority by petitioner No.1 only. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court of Excise Court No.-II, Siwan, in connection with Nautan P.S. Case No. 165 of 2023.

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