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Patna High CourtCR. MISC./18080/2024bail granted

Vikash Jangir @ Vikash Jagir v. The State Of Bihar

2024-03-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18080 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

Vikash Jangir @ Vikash Jagir Son Of Chaudhmal Jangir Resident Of Village - Narayanpur, P.S. - Alwar, District - Alwar (Rajasthan) 2.

Umraw Singh Son Of Late Panchuram Mehra Resident Of Village - Narayanpur, P.S. - Alwar, District - Alwar (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with P.R. No. 59 of 2024, arising out of Kaimur (Bhabua) Excise P.S. Case No. 59 of 2024, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 181.440 liters liquor was recovered from a car and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. No

Patna High Court CR. MISC. No.18080 of 2024(2) dt.12-03-2024 2/2 incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that petitioner no. 1 is driver and petitioner no. 2 is co-driver of the car, they have no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 24.01.2024 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with P.R. No. 59 of 2024, arising out of Kaimur (Bhabua) Excise P.S. Case No. 59 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T