Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7879 of 2023 Arising Out of PS. Case No.-1286 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.
Rahul Kumar S/O Suresh Prasad R/O Mohalla- Bakshi Maidan, Patna City, P.S.- Chauk, District- Patna 2.
Mukesh Kumar S/O Late Paras Paswan R/O- Malsalami, Bhashani Tola, P.S.- Malsalami, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhimanyu Deo For the Opposite Party/s :
Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek regular bail in connection with Excise P.S. Case No. 1286 of 2022 registered for the offence under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Act.
As per FIR, prosecution case relate to recovery of 17.280 liters from a motorcycle bearing Registration no. BR01FF-7727 and the petitioner no.2 is alleged to be sat on the said motorcycle. Thereafter, 243 liters foreign liquor was also recovered from as alleged house of petitioner no.1. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.7879 of 2023(2) dt.02-05-2023 2/3 petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners have no concern with either with the illicit liquor or with the motorcycle in question. It is further submitted that the petitioners are languishing in judicial custody since 15.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioners were arrested on spot..
The petitioner no.2 namely, Mukesh Kumar is directed to deposit a sum of Rs. 10,000/- (Ten Thousand) in the District Legal Service Authority of concerned District. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Excise P.S. Case No. 1286 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna.
The bail bonds of the petitioner no.2 namely, Mukesh Kumar shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten Thousand) by
Patna High Court CR. MISC. No.7879 of 2023(2) dt.02-05-2023 3/3 the petitioner no.2 in the account of concerned DLSA. (Sunil Kumar Panwar, J) Amandeep/- U T