Bali Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78812 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== 1.
Bali Kumar Son Of Bhagwan Das Yadadv R/O Village- Dewariya, P.S.- Sigori In The District Of Patna 2.
Raushan Kumar Son Of Awadhesh Yadav R/O Village- Murarchak, P.S.- Sigori In The District- Of Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 328.32 liters of illegal foreign liquor from a Car, which was being driven by the petitioner no. 1.
Patna High Court CR. MISC. No.78812 of 2023(2) dt.07-12-2023 2/3
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 23.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. The petitioner no. 1 is directed to deposit Rs. 5,000/- (Five thousand) in the account of concerned DLSA.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Exclusive Special Excise Court No. 3, Gaya in connection with Excise P.S. Case No. 112 of 2023.
8. The bail bond of the petitioner no. 1 shall be
Patna High Court CR. MISC. No.78812 of 2023(2) dt.07-12-2023 3/3 accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/- (Five thousand) by the petitioner no. 1 in the account of concerned DLSA.
(Sunil Kumar Panwar, J) Arish/- U T