Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66701 of 2024 Arising Out of PS. Case No.-342 Year-2024 Thana- GOPALPUR District- Patna ====================================================== Bikram Birendra Rambabu Sah Son of Rambabu Sah Resident of Vidyapati Nagar, Raja Chowk, P.S. - Vidyapati Nagar, District - Samastipur. At present Rambabu Sah, 1st Floor Rai Charan Ghosh Kame, 24 Pargana, Tiljola, South West Bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67037 of 2024 Arising Out of PS. Case No.-342 Year-2024 Thana- GOPALPUR District- Patna ====================================================== 1.
Ankit Kumar S/o Ranjeet Prasad R/o Paschim Darwaza, P.s. - Khajekalan, Distt. - Patna 2.
Dhiraj Kumar S/o Shambhu Prasad R/o Mangla Gauri, P.S. - Vishnupad, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 66701 of 2024) For the Petitioner/s :
Mr.Sudhir Kumar Sinha For the Opposite Party/s :
Mr.Manoj Kumar (In CRIMINAL MISCELLANEOUS No. 67037 of 2024) For the Petitioner/s :
Mr.Sudhir Kumar Sinha For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
2. The petitioners are seeking regular bail in connection with Gopalpur P.S. Case No. 342 of 2024 for the
Patna High Court CR. MISC. No.66701 of 2024(2) dt.26-09-2024 2/3 offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of total 284.28 liters of illicit liquor from a Maruti Car, a Scooty and a house respectively. The petitioners were apprehended by the police on spot.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. He has further submitted that nothing has been recovered from the conscious possession of the petitioners and they have no concern with the recovered illicit liquor. There are no independent witness of the seizure list rather they are police personnel. Moreover, the petitioners have clean antecedent and they are under custody since 17.08.2024.
5. On the other hand, learned APP for the State has opposed the prayer for bail of the petitioners.
6. Considering the above-mentioned facts and circumstances as well as the petitioners have clean antecedent, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-IInd, Patna in
Patna High Court CR. MISC. No.66701 of 2024(2) dt.26-09-2024 3/3 connection with Gopalpur P.S. Case No. 342 of 2024, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
7. Before accepting the bail bonds of the petitioners, learned Court below shall verify the criminal antecedent of the petitioners.
(Nawneet Kumar Pandey, J) shubham/- U T