Patna High CourtCR. MISC./89606/2024bail granted

Hirden Kumar v. The State Of Bihar

2025-02-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89606 of 2024 Arising Out of PS. Case No.-320 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== 1.

Hirden Kumar S/o Mohan Sahani Resident of Village - Semarahiya Jhitkahiya, PS- Lakhaura, District- East Champaran Bihar 2.

Funil Kumar S/o Sikindra Sahani @ Sikandar Sahni R/o Village- Mushwa Bhedihari, P.s. - Sugauli, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Prasad For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2025 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 Banjariya P.S. Case No. 320 of 2024 dated 26.10.2024 registered for the offences punishable u/ss 274, 275, 317 (5) of the BNS and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 50 litres of illicit country made liquor was recovered from the sack kept on the motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.89606 of 2024(2) dt.17-02-2025 2/2 implicated in this case. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioners have two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 27.10.2024.

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 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, East Champaran at Motihari in connection with Banjariya P.S. Case No. 320 of 2024.

7. The application stands allowed.

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