Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4081 of 2022 Arising Out of PS. Case No.-289 Year-2021 Thana- MANJHI District- Saran ====================================================== 1.

Rakesh Kumar S/o Balwan Singh R/o village- Varaj, P.S.- Maham, Distt.- Rohtak (Hariyana) 2.

Sonu Kumar S/o Jile Singh R/o village- Varaj, P.S.- Maham, Distt.- Rohtak (Hariyana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Manjhi P.S. Case No. 289 of 2021, registered for the offence punishable punishable under Sections 272, 273, 467, 468 and 34 of the Indian Penal Code and section 30/30(a) of the Bihar Prohibition and Excise Act, 2016.

457.450 litres of illicit liquor has been recovered from Innova Car of which petitioner no. 1 was driver and petitioner no. 2 was Cleaner.

It is submitted that no recovery has been made from conscious possession of petitioners. Petitioners were simply

Patna High Court CR. MISC. No.4081 of 2022(2) dt.01-04-2022 2/2 driving the vehicle and were not aware about the nature of consignment. Petitioners have got no concern with the seized liquor. Petitioners are in custody since 20.08.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge 2nd-cum-Special Judge Excise, Saran at Chapra in connection with Manjhi P.S. Case No. 289 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T