Sujit Prasad @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82094 of 2023 Arising Out of PS. Case No.-429 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== 1.

Sujit Prasad @ Sujit Kumar Son Of Late Lalan Prasad Resident Of VillageDindayalpur @ Dindayalpur, P.S.- Gb Nagar (Tarwara) @ Gautambudhnagar, District- Siwan. 2.

Vinay Kumar @ Vinay Sah Son Of Ganesh Sah Resident Of Village- Dindayal Pur @ Dindayalpur, P.S.- Gb Nagar ()Tarwara) @ Gautambudhnagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 60 liters country made liquor from a motorcycle and the petitioners were also apprehended on the spot.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case. The petitioners have no

Patna High Court CR. MISC. No.82094 of 2023(2) dt.19-12-2023 2/2 concern with the alleged recovery nor vehicle in question belongs to them. No any incriminating article has been recovered from conscious possession of the petitioners. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are is languishing in judicial custody since 18.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Madhopur O.P. Barauli P.S. Case No. 429 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum Special Judge Excise Court-I, Gopalganj.

(Sunil Kumar Panwar, J) manishkumar/- U