Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87098 of 2024 Arising Out of PS. Case No.-621 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== 1.

Anil Kumar Son of Yogendra Ray Resident of village- Tarwa Magarpal Murtuza, PS- Dariyapur, District -Saran 2.

Anil Mahto Son of Joginder Mahto Resident of village- Tarwa Magarpal Murtuza, PS- Dariyapur, District -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Himanshu Ranjan, Adv.

For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Dariyapur P.S. Case No. 621 of 2024 dated 30.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 150 litres of illicit country made liquor was recovered from the two plastic sacks kept on a motorcycle and the three plastic containers.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was

Patna High Court CR. MISC. No.87098 of 2024(2) dt.05-02-2025 2/2 transpired in this case merely on suspicion. The petitioners are not the owner of the said vehicle and they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has two criminal antecedents whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 30.10.2024.

5. Learned A.P.P. for the State has 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 above-named, 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, Saran (Chapra) in connection with Dariyapur P.S. Case No. 621 of 2024.

7. The application stands allowed.

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