Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83826 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Pawan Kumar Singh Son of Late Ghado Mahto R/o Village- Mathurapur, Ward No. 4, P.S.- Khagaria, District- Khagaria. 2.

Ranjit Ram Son of Late Ganauri Ram R/o Village- Bardhauta, P.S.- Morkahi, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan Prasad For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of bail in a case registered for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the allegation in the FIR, on information being received, search was started and from the Scorpio vehicle 220 litres of country liquor was recovered and five accused persons were taken into custody. Petitioners being amongst them. It is submitted by learned counsel for the petitioners that no recovery as alleged has taken place, petitioners have no concern either with the recovered liquor or with the seized

Patna High Court CR. MISC. No.83826 of 2019(2) dt.17-12-2019 2/2 Scorpio. It is further submitted that the petitioners are in custody since 16.09.2019 and have no criminal antecedent and that similarly situated co-accused has been enlarged on bail by order dated 09.12.2019 passed in Cr. Misc. No. 76295 of 2019. The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioners on bail. Let the petitioners above named be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge (Excise Act), Bhagalpur in connection with Pirpainti P.S. Case No. 218 of 2019 vide Special Case no. 816 of 2019. (Partha Sarthy, J) Prakash/- U