Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70954 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- GURARU District- Gaya ====================================================== 1.

Prakash Kumar Son Of Gagandeo Patel R/V- Bhuwan Chapra, P.S.- Chakiya, District- East Champaran 2.

Arun Kumar Son Of Ramchandra Prasad @ Ramchandra Ram R/O Fulwariya, Ward No. 2, P.S.- Chakiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 100.545 litres of IMFL from the dicky of car bearing registration No. WB-20AR-5300. Three persons including the driver and petitioner were arrested on spot.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have no concern with the

Patna High Court CR. MISC. No.70954 of 2022(2) dt.06-01-2023 2/2 alleged recovery or with the vehicle in question. They are languishing in judicial custody since 17.09.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Court No. II, Gaya in connection with Excise GR No. 1570 of 2022 (arising out of Guraru P.S. Case No. 167 of 2022). (Sunil Kumar Panwar, J) nirajkrs/- U T