Amit Kumar @ Amit Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67769 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

Amit Kumar @ Amit Kumar Mandal Son Of Chhabinath Mandal R/O Vill - Ramdhiri Bhitha, P.S. - Bhawanipur (Akbarpur O.P.), Distt. - Purnea 2.

Bipin Kumar @ Bipin Mandal @ Bipin Kumar Mandal Son Of Sahdeo Mandal R/O Vill - Ramdhiri Bhitha, P.S. - Bhawanipur (Akbarpur O.P.), Distt. - Purnea 3.

Bablu Kumar Son Of Late Bhogi Paswan R/O Vill - Ramdhiri Bhitha, P.S. - Bhawanipur (Akbarpur O.P.), Distt. - Purnea 4.

Rukesh Kumar Son Of Babulal Mandal R/O Vill - Laxmipur, Chand Tola, P.S. - Rupauli (Akbarpur O.P.), Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Bhawanipur (Akbarpur O.P) P.S. Case No. 142 of 2023 dated 13.06.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.67769 of 2023(2) dt.18-10-2023 2/2

4. As per the prosecution case, total 210 litres of illicit foreign liquor was recovered from the basa of the petitioner No. 2 and the petitioner No. 1, 3 and 4 were present at the spot.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 14.06.2023.

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

7. 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, Purnea in connection with Bhawanipur (Akbarpur O.P) P.S. Case No. 142 of 2023.

8. The application stands allowed.

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