CR. MISC./27173/2021 of VINOD KUMAR Vs The State of Bihar on 24 December 2021

1. VINOD KUMAR S/o Sukhdev Mahto

2. Sumit Bharti S/o Kameshwar Mahto Both are resident of Village- Gannipur, Manpur, Ward No.12, P.S.- Beligaon,District- Vaishali.Both are resident of Village- Gannipur, Manpur, Ward No.12, P.S.- Beligaon,District- Vaishali.

324-12-2021

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================Appearance :For the Petitioner/s: Mr. Sheo Kumar Prasad, Adv.For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP======================================================CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHYORAL ORDER

Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application forgrant of regular bail in a case registered under section 30(a) ofthe Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 891 litres of IMFL issaid to have been recovered from a Tata 407 vehicle in whichthe petitioners are stated to be the driver and khalasi.

It is submitted by learned counsel for thepetitioners that no incriminating article has been recoveredeither from their possession of the petitioners or from thevehicle in question. They have been falsely implicated in the Saurabh/- UT

case. The petitioners have no criminal antecedent and are incustody since 13.2.2021. Chargesheet has been submitted in thecase.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties andtaking into consideration the facts of the case especially thepetitioners not having any criminal antecedent, the Court directsthe two petitioners to be enlarged on bail in connection with C1Case no.34 of 2021 on each of them furnishing bail bond ofRs.10,000/ (Rupees Ten Thousand) with two sureties of the likeamount each to the satisfaction of the learned Special Judge(Excise), Purnea.

(Partha Sarthy, J)