Birju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74351 of 2024 Arising Out of PS. Case No.-114 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== 1.

Birju kumar S/o Nagendra Sahani Resident of village- Paithaniya, P.S.- Chakia, District- East Champaran 2.

Naresh Sahani S/o Nagendra Sahani Resident of village- Paithaniya, P.S.- Chakia, District- East Champaran 3.

Nagendra Sahani S/o Huseni Sahani Resident of village- Paithaniya, P.S.- Chakia, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. U. C. Verma, Advocate Mr. Abhishek Kumar, Advocate Mrs. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 200 litres illicit liquor was recovered from the shop of co-accused Sonelal Sahani and 300 litres raw wine was destroyed on the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. No incriminating material has been recovered from conscious

Patna High Court CR. MISC. No.74351 of 2024(2) dt.18-01-2025 2/2 possession of these petitioners and they have been made accused only on the secret information.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the fact that no incriminating material has been recovered from possession of the petitioners, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 3, East Champaran, Motihari in connection with Chakia P. S. Case No. 114 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T