Chandrakant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70528 of 2023 Arising Out of PS. Case No.-603 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.
Chandrakant Kumar Son Of Upendra Prasad Resident Of VillageMurtuzapur, Ps- Belchhi, Dist- Patna 2.
Krishna Narain Son Of Sumant Prasad Resident Of Village- Dariyapur, PsChandi, Distt- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarfraz Ahmad For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal code and sections 30(a), 47 of the Bihar Prohibition and Excise Act.
3. As per FIR, prosecution case relates to recovery of total 516.5 liters of illicit liquor from a public bus.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They has falsely been implicated in this present case. They have got no criminal antecedent. They are
Patna High Court CR. MISC. No.70528 of 2023(2) dt.06-11-2023 2/2 only passengers of the bus. They has also no concern with the alleged recovery of illicit liquor or with vehicle. No any incriminating article has been recovered from conscious possession of the petitioners. The petitioners are languishing in judicial custody since 28.8.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. 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 released on bail in connection with Mohania P.S. Case No. 603 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise No.1cum-A.D.J. IVth, Kaimur at Bhabhua. (Sunil Kumar Panwar, J) Amandeep/- U T