Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13619 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- PIPRA District- Patna ====================================================== 1.

RAJA KUMAR Son of Triveni Mahto R/v- Alampur Kachchi Dargah, P.S.- Nadi, District- Patna 2.

RAUSHAN KUMAR Son of Om Prakash Singh @ Om Prakesh R/vNijampur , P.S.- Didarganj, District- Patna 3.

ANAND GIRI Son of Satish Giri R/v- Sipara , P.S.- Beur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

In this case, the petitioners are seeking regular bail in connection Pipra P.S. Case No. 109 of 2022, registered for the offences punishable under Sections 30(a)/32/41(I) of Bihar Prohibition and Excise Amendment Act- 2018.

As per allegation, the petitioners are the drivers of the vehicle wherefrom 445 litres liquor was recovered. Learned counsel for the petitioners has submitted that they are the drivers of those vehicles wherefrom the illicit liquor was recovered having no criminal antecedents. They are under custody since 14.12.2022.

Patna High Court CR. MISC. No.13619 of 2023(2) dt.18-05-2023 2/2 Considering the above-mentioned facts and circumstances, clean antecedent as well as period of incarceration, let the petitioners, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge-Excise, Patna in connection with Pipra P.S. Case No. 109 of 2022, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law. (iii) The learned court below shall verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in any other case except the present one, the learned court below may take appropriate steps against them.

(Nawneet Kumar Pandey, J) SONALI/- U T