Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88468 of 2024 Arising Out of PS. Case No.-418 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== 1.

Sanjay Kumar Son of Gopal Prasad village -Muzzafarpur Purani gudari, PsTown Thana, Dist- Muzaffarpur 2.

Niraj Sharma son of Rajkumar Sharma village- Muzzaffarpur new Market, Ps- Town Thana, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2025 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 Kateya P.S. Case No. 5139009240418 (418) of 2024 dated 02.11.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the B.N.S.

3. As per the prosecution case, total 260.36 litres of illicit foreign liquor was recovered from the Hyundai Car.

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.88468 of 2024(2) dt.15-02-2025 2/2 transpired in this case merely on suspicion. The petitioner no. 1 is the co-passenger and the petitioner no. 2 is the driver of the said vehicle but they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 03.11.2024.

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, Gopalganj in connection with Kateya P.S. Case No. 5139009240418 (418) of 2024.

7. The application stands allowed.

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