Sri Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86940 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.

Sri Ram Kumar S/O Vishwanath Sah R/O Vill.- Kanhauli, P.S.- Jhanjharpur, Dist.- Madhubani 2.

Sanjay Kumar S/O Mahendra Sah R/O Vill.- Kanhauli, P.S.- Jhanjharpur, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Jhanjharpur P.S. Case No. 167 of 2024, G.R. Case No. 694 of 2024 dated 06.10.2024 registered for the offences punishable u/ss 274, 275 read with 3(5) of the BNS and sections 30(a), 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 93 litres of illicit foreign liquor was recovered from the dickey of the Maruti car and the bush.

Patna High Court CR. MISC. No.86940 of 2024(2) dt.18-01-2025 2/2

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are neither the driver nor the owner of the said vehicle. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner no. 1 has three criminal antecedents and the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 06.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Jhanjharpur P.S. Case No. 167 of 2024, G.R. Case No. 694 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T