Patna High CourtCR. MISC./71507/2023bail granted

Golu Kumar v. The State Of Bihar

2023-11-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71507 of 2023 Arising Out of PS. Case No.-2142 Year-2023 Thana- Excise P.S. District- Purnia ====================================================== 1.

Golu Kumar Son of Prakash Yadav R/o vill - Sihpur PUnarvas, P.s. - Nayagaon, Distt. - Begusarai 2.

Vikash Kumar @ Vikas kumar Son of Sulendra Yadav R/o vill - Pahla Tola, Lakhanpur, P.S. - Muffasil, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the State :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and Mr. Gauri Shankar Gupta, learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 2142 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 153.600 litres of illicit liquor has been recovered from the dickey of the vehicle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioners. Learned

Patna High Court CR. MISC. No.71507 of 2023(2) dt.07-11-2023 2/2 counsel submits that the petitioners are neither the driver nor owner of the vehicle. The petitioners are in jail since 02.09.2023.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge Court No. 2, Purnea in connection with Excise P.S. Case No. 2142 of 2023.

7. The petitioner no. 1, namely, Golu Kumar, will mark his attendance at Nayagaon Police Station, Begusarai and petitioner no. 2, namely, Vikash Kumar @ Vikas Kumar will mark his attendance at Muffasil Police Station, Begusarai on the first Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioners.

(Sandeep Kumar, J) P. Kumar U T