Sohag Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75009 of 2024 Arising Out of PS. Case No.-337 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Sohag Kumar S/o Ravinder Rai R/o Chakla, P.S. - Mohiuddin Nagar, Distt. - Samastipur 2.

Ankit Kumar S/o Raj Kumar Ray R/o Chakla, P.S. - Mohiuddin Nagar, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Adv For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Kuchaikote P.S. Case No. 337 of 2024 registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act 2022 & 317(5) BNS 2023.

3. As per the prosecution case, the recovery is 397. 440 litres foreign liquor.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are in custody since 06.08.2024. They claimed to be of clean antecedent.

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

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.75009 of 2024(4) dt.06-12-2024 2/2 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) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-IV cum Exclusive Special Judge Excise Court-2, Gopalganj in connection with Kuchaikote P.S. Case No. 337 of 2024, subject to the following conditions: (i) The petitioners will mark their attendance at Mohiuddin Nagar Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

(ii) Before accepting the bailbond of the petitioners, the court below will verify the antecedent of the petitioners. If the petitioners are found having clean antecedent, the bail-bond of the petitioners shall be accepted. If the petitioners are found having criminal antecedent(s), their bail-bond shall not be accepted by the court below.

(Sandeep Kumar, J) kiran/- U T