Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16373 of 2022 Arising Out of PS. Case No.-386 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

RAKESH KUMAR Son of Upendra Prasad Singh @ Upendra Singh Resident of Village- Douniya Tola, Pakra, P.S.- Naugachiya, DistrictBhagalpur. 2.

Rupesh Kumar Son of Upendra Prasad Singh @ Upendra Singh Resident of Village- Douniya Tola, Pakra, P.S.- Naugachiya, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners seek bail in a case registered for the offences punishable under Sections 30(a) and 32(ii) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 14.11.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 251 litres of liquor from the poultry farm of the petitioners and 207 litres liquor, covered in a plastic sheet, from a place adjacent to the poultry farm of

Patna High Court CR. MISC. No.16373 of 2022(2) dt.08-04-2022 2/2 the petitioners.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated. It is further submitted that no prudent man would keep liquor at his place of business. Learned counsel thus submits that the petitioners were completely unaware that who had kept the liquor in their poultry farm in their absence. Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody, are persons with clean antecedent and charge-sheet has been submitted in the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Naugachhia P.S. Case No. 386 of 2021.

(Satyavrat Verma, J) Rishi/- U T