Rajan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14387 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

RAJAN MISHRA S/o Dhurendra Mishra R/o Village- Binod Matihaniya, P.S.- Vishambharpur, District- Gopalganj.

2.

Santosh Kumar Sah @ Santosh Kumar S/o Jagbahadur Sah R/o VillageRaypur Mukund, P.S.- Vishambharpur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. Ravindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 20.01.2022, petitioner no. 1 has antecedent of two cases and petitioner no. 2 is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 101.7 litre of liquor from

Patna High Court CR. MISC. No.14387 of 2022(2) dt.29-03-2022 2/2 an Indigo Car.

Learned counsel for the petitioners submits that the petitioners are neither the owner nor the driver of the vehicle and the petitioners were mere passerby, who came to be implicated, when the search was being made.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody, charge-sheet has been submitted and petitioners are neither the owner nor driver of the vehicle, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mohammadpur P.S. Case No. 11 of 2022.

(Satyavrat Verma, J) Kundan/- U T