Raj Kumar Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12223 of 2022 Arising Out of PS. Case No.-15 Year-2021 Thana- VALMIKINAGAR District- West Champaran ====================================================== 1.

RAJ KUMAR BIN Son of Akul Bin, Resident of Village - Semari Dih, P.S.- Valmiki Nagar, Distt.- West Champaran.

2.

Nawmi Bin Son of Lakhan Bin, Resident of Village- Semari Dih, P.S.- Valmiki Nagar, Distt.- West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Valmiki Nagar P.S. Case No. 15 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2016. As per the allegation made in the F.I.R., total 50 litres of desi wine has been alleged to be recovered in this case along with container.

Learned counsel for the petitioners submits that recovery has not been made from the conscious possession of the petitioners rather as per the seizure list, the said recovery has been made from the Banbahari forest. He further submits that

Patna High Court CR. MISC. No.12223 of 2022(2) dt.06-07-2022 2/2 petitioners are in custody since 22.11.2021 having clean antecedent.

Learned A.P.P. has opposed the prayer for bail. In the present facts and circumstances of the case that petitioners are in custody since 22.11.2021 having clean antecedent, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Bagaha, West Champaran in connection with Valmiki Nagar P.S. Case No. 15 of 2021, subject to conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J.) ravishankar/- U T