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Patna High CourtCR. MISC./76396/2023allowed

Anurag @ Anni @ Anuraj @ Ani v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76396 of 2023 Arising Out of PS. Case No.-443 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Anurag @ Anni @ Anuraj @ Ani S/O Devendra Village- Beri, Ps. Beri, Dist. Jhajhar (HARYANA) 2.

Sandeep S/O Dayanand Village- Jatpur, Ps. Machchroli, Dist. Jhajhar (haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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 Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 371.25 litres of illicit Indian made foreign liquor from a XUV car and petitioners were apprehended from the vehicle. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have

Patna High Court CR. MISC. No.76396 of 2023(2) dt.04-12-2023 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 28.08.2023. 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.

The petitioner No. 1 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 Sessions Judge-IV-cum-Exclusive Special Excise Court-

Patna High Court CR. MISC. No.76396 of 2023(2) dt.04-12-2023 3/3 II, Gopalganj in connection with Kuchaikote P.S. Case No. 443 of 2023.

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