Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71420 of 2022 Arising Out of PS. Case No.-179 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== 1.

Md. Chand Son Of Md. Jumrati Resident Of Purnea City, P.S.- Sadar, District- Purnea 2.

Ramu Kumar Mandal Son Of Late Umesh Mandal Resident Of Madhubani Thana Chowk, P.S.- Sadar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 877.95 liters country made illicit liquor from a pick-up van bearing Registration No. BR11F4824.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. They have no concern with the alleged recovery or with the place of

Patna High Court CR. MISC. No.71420 of 2022(2) dt.06-01-2023 2/2 occurrence. The name of the petitioners has been disclosed in this case only on the basis of suspicion. Nothing incriminating article has been recovered from their conscious possession. They are languishing in judicial custody since 22.09.2022. 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 Special Excise Judge-2, Khagaria in connection with Excise P.S. Case No. 179 of 2022.

(Sunil Kumar Panwar, J) amandeep/- U T