Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15668 of 2024 Arising Out of PS. Case No.-924 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Rakesh Kumar S/o Ishwar Singh R/o Vill - Rebari, P.S. - Gujarani Chauk, Dist. - Bhivani (Haryana) 2.

Ravindra Kumar S/o Kallu R/o Vill - Kahani, P.S. - Town Rohtak, Dist. - Rohtak (Haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Mohania P.S Case No. 924 of 2023 from the Court of learned Special Judge Excise No. 1 -cum- A.D.J. IV, Kaimur at Bhabhua registered for the offences punishable under Sections 414 of the I.P.C and 30 (a) / 32 of Bihar Prohibition and Excise Act 2022.

3. As per allegation in the FIR, total 297 illicit liquor recovered from the car in which one Rakesh Kumar was a driver of the said car and another Ravindra

Patna High Court CR. MISC. No.15668 of 2024(2) dt.06-03-2024 2/3 Kumar was seated inside the car.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is next submitted that petitioners are named in FIR. It is also submitted that petitioners are in judicial custody since 28.12.2023.

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

6. In view of the allegation as regard to recovery of the illicit liquor, petitioners have neither explanation about the said recovery of the liquor and nor about the car, Court is not inclined to grant bail to the petitioners.

7. Hence, the regular bail of the petitioners are hereby rejected.

8. However, the trial court is directed to conclude the trial preferably within a period of four months from the date of receipt of copy of this order and if the trial is not concluded the petitioners may

Patna High Court CR. MISC. No.15668 of 2024(2) dt.06-03-2024 3/3 renew his prayer for bail before the trial court and trial court may grant bail to the petitioners.

(Ramesh Chand Malviya, J) Mayank/- U T