Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73670 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== 1.

SUNIL KUMAR Son of Jagdish Mahto R/v- Balthar, P.S.- Balthar, DistrictWest Champaran 2.

RAMJI KUMAR Son of Sukat Mahto R/v- Balthar, P.S.- Balthar, DistrictWest Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava, Advocate .

For the Opposite Party/s :

Mr.Pushpa Sinha.1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Purushottampur P.S. Case No.88 of 2022, registered for the offences punishable under Sections 272/ 273/ 414 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 70 liters of illicit liquor from a motorcycle and the petitioners were arrested from the spot.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely

Patna High Court CR. MISC. No.73670 of 2022(2) dt.10-02-2023 2/2 implicated in the present case, they are having clean antecedent and they are languishing in custody since 24.09.2022. The learned counsel for the petitioners has further submitted that considering the period of incarceration of the petitioners herein, a sympathetic view may be taken.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to direct for release of the petitioners on regular bail. Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran, in connection with Purushottampur P.S. Case No.88 of 2022.

(Mohit Kumar Shah, J) rinkee/sonalU T