Abinash Kumar @ Abhinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84563 of 2023 Arising Out of PS. Case No.-495 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== 1.

ABINASH KUMAR @ ABHINASH KUMAR Son of Umesh Prasad R/o vill - Rukunpur, P.S. - Fatuha, Distt. - Patna 2.

Dharmendra Kumar Son of Krit Yadav R/o vill - Pabhadi Mod, P.S. - Dhanarua, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 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 & Excise Act.

3. The petitioners are said to have been apprehended from an Idigo vehicle from where, total 68 liters of illicit liquor was recovered. An another vehicle was also seized from the same place from where, 129 liters foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case. Both the petitioners are only driver and cleaner of the vehicle but they have no concern with the alleged recovery of

Patna High Court CR. MISC. No.84563 of 2023(2) dt.08-01-2024 2/2 illicit liquor. No any incriminating article has been recovered from their possession. They are languishing in judicial custody since 28.9.2023.

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

6. The petitioners are directed to deposit a sum of Rs 5,000/- (Five Thousand) each in the District Legal Services Authority of concerned District.

7. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Arwal P.S. Case No. 495 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 Special Judge II, Excise, Jehanabad.

8. The bail bonds of the petitioners shall be accepted by the learned court below on showing separate receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by each petitioner in the account of the concerned DLSA.

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