Sandip @ Sandeep v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71947 of 2023 Arising Out of PS. Case No.-261 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.
Sandip @ Sandeep Son Of Jagdish Resident Of Village- Bhainswan Khurd, Ps- Baroda, Dist- Sonipat (Hariyana) 2.
Sawan Son Of Jai Prakash Resident Of Village- Bhainswan Khurd, PsBaroda, Dist- Sonipat (Hariyana) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratneshwar Prasad For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 414, 420, 465/34 of the IPC and Sections 30(a)/41 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 459.630 liters of illegal foreign liquor from a Car, which was being driven by the petitioner no.1.
Patna High Court CR. MISC. No.71947 of 2023(2) dt.07-11-2023 2/3
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating articles have been recovered from the conscious possession of the petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 21.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. The petitioner no. 1 is directed to deposit Rs. 10,000/- (ten thousand) in the account of concerned DLSA.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Additional Sessions Judge-II-cumSpl. Judge Excise-I, Gopalganj in connection with Sidhwaliya P.S. Case No. 261 of 2023.
8. The bail bond of the petitioner no. 1 shall be
Patna High Court CR. MISC. No.71947 of 2023(2) dt.07-11-2023 3/3 accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/- (ten thousand) by the petitioner no. 1 in the account of concerned DLSA.
(Sunil Kumar Panwar, J) Arish/- U T