Patna High CourtCR. MISC./65793/2023allowed

Jitan Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65407 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== GOLU KUMAR @ ASHISH RANJAN Son of Arvind Kumar R/o vill - Khagaria, P.S. - Ekangarsarai, Distt. - Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65793 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== JITAN KUMAR SON OF NETA RAVIDAS VILLAGE- KHAGARIA, PSEKANGARSARAI, DIST- NALANDA ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 65407 of 2023) For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) (In CRIMINAL MISCELLANEOUS No. 65793 of 2023) For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned

Patna High Court CR. MISC. No.65407 of 2023(2) dt.13-10-2023 2/3 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.

3. As per prosecution case, there have been recovery of 7 liters of illegal country made liquor and 6 liters of foreign liquor.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners have no concern with the seized wine in question. No incriminating articles have been recovered from the conscious possession of these petitioners. On the basis of suspicion, they have been falsely implicated in the present case by the police. They are languishing in judicial custody since 06.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.65407 of 2023(2) dt.13-10-2023 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-Vth-cum- Exclusive Special Court No. 1, Nalanda at Biharsharif in connection with Ekangarsarai P.S. Case No. 164 of 2023.

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