Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7968 of 2024 Arising Out of PS. Case No.-1569 Year-2023 Thana- Excise P.S. District- Jamui ====================================================== 1.

Rakesh Kumar, aged about 25 years, Gender-Male, S/O Panchilal Ray @ Pankshilal Ray, Resident of Village- Kharakpur @ Saifabad, P.S. Deshri, Dist. Vaishali.

2.

Sima Devi, aged about 41 years, Gender-Female, W/O Anil Kumar, Resident of Village- Rahima, P.S. Barh, Dist. Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are in custody in connection with Jamui Prohibition Case No. JAM-1569 of 2023 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per allegation in the FIR, total 100.5 liters of foreign liquor was recovered from a car. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that petitioner no.1 is a driver of the said car and petitioner no.2 is a lady. He further submits that nothing has been recov-

Patna High Court CR. MISC. No.7968 of 2024(2) dt.12-02-2024 2/2 ered from the possession of the petitioners, petitioners have got clean antecedent as stated in para-3 of the petition and they are in judicial custody since 21.12.2023.

However, learned APP for the State opposes the prayer for regular bail of the petitioners.

Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail after framing of the charge on furnishing bail bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Jamui in connection with Jamui Prohibition Case No. JAM-1569 of 2023.

However, the court below is directed to conclude the proceeding of framing of charge according to law within a period of fifteen days from the date of receipt of this order. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T