Patna High CourtCR. MISC./85234/2024allowed

Sunil v. The State Of Bihar

2025-01-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85234 of 2024 Arising Out of PS. Case No.-808 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

Sunil, S/O Sri Rohtas, R/O Village- Kharkhoda, Ward No. 11, P.SKharkhoda, Distt.- Sonipat, Haryana. 2.

Shamima Khatun @ Shamina Khatun, W/O Md. Talim R/O Village- Baushi, P.S- Babubari, Distt.- Madhubani, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aquaib Khan, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Excise Kaimur (Bhabhua) P.S. Case No.808 of 2024 registered for the offence punishable under Sections 30(a), 32(i), 32(iii), 41(1) and 42(2) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution is that altogether 279 liters of foreign liquor was recovered from a Pick-up van.

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

Patna High Court CR. MISC. No.85234 of 2024(2) dt.07-01-2025 2/2 case. Petitioner no. 1 is the driver and petitioner no.2 is the codriver and they have no concern with the alleged liquor. They are having no criminal antecedent. They are in judicial custody since 19.10.2024.

5. The application for bail is opposed by learned APP for the State.

6. 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 Judge (Excise)-II, Kaimur at Bhabhua in connection with Excise Kaimur (Bhabhua) P.S. Case No. 808 of 2024.

(Ashok Kumar Pandey, J) lata/- U T