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Patna High CourtCR. MISC./75130/2023allowed

Krishna Kumar v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75130 of 2023 Arising Out of PS. Case No.-298 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Krishna Kumar Son Of Jit Ram @ Jeet Ram Resident Of Village - Asrata, P.S.- Agrwa Mor, District - Hisar (Hariyana) 2.

Satpal Singh Son of Suraj Singh Resident of village and P.S.- Kharkhoha, Dist. - Sonipat (Hariyana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 470.820 litres of illicit Indian made foreign liquor from a Bolero vehicle. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have

Patna High Court CR. MISC. No.75130 of 2023(2) dt.30-11-2023 2/3 falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the seized illicit liquor. The petitioners are languishing in custody since 20.06.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Since petitioner No. 1 is driver of the alleged seized vehicle, he is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the District Legal Services Authority, Gopalganj.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.75130 of 2023(2) dt.30-11-2023 3/3 District Judge-IV-cum-Special Judge, Excise-II, Gopalganj in connection with Kuchaikot P.S. Case No. 298 of 2023.

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