Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3887 of 2023 Arising Out of PS. Case No.-871 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

RUPESH KUMAR SON OF BUJHA PRASAD YADAV @ GULAB RAI, R/O VILLAGE- MATHIYA, P.S.- LAKHAURA, DISTRICT- EAST CHAMPARAN.

2.

SANDEEP KUMAR SON OF VISHWANATH RAY @ VISHWANATH PRASAD YADAV, R/O VILLAGE- SAPHA, P.S.- GHORASAHAN, DISTRICT- EAST CHAMPARAN. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-04-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners are seeking regular bail in connection with East Champaran Excise P.S. Case No. 871 of 2022, registered for offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2022.

As per allegation, 70 litres of country-made liquor was recovered from the joint house of the petitioner. The learned counsel for the petitioners has submitted that the petitioners are the persons of clean antecedents and are under custody since 24.09.2022.

Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on

Patna High Court CR. MISC. No.3887 of 2023(2) dt.07-04-2023 2/2 bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, East Champaran, Motihari in connection with Excise P.S. Case No. 871 of 2022, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioners shall file an affidavit to the effect that they shall not indulge themselves in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T