Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18467 of 2022 Arising Out of PS. Case No.-325 Year-2021 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

RAKESH KUMAR Son of Bindeshwar Ray Resident of Village - Shrawanpatti, P.S. - Mahua, District - Vaishali. 2.

Devlal Ray Son of Late Jhapsi Rai Resident of Village - Shrawanpatti, P.S. - Mahua, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Babu, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2022 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 420, 467, 468 and 471 of the Indian Penal Code read with Sections 30(a), 32, 36 and 41(1) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 09.12.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 2700 litres of liquor from a truck.

Patna High Court CR. MISC. No.18467 of 2022(2) dt.15-04-2022 2/2 Learned counsel for the petitioners submits that the petitioners are driver and khalashi of the truck and as such were not knowing what was kept in the truck by the owner. 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. 20,000/- (Rupees Twenty 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 Special Case No. 2528 of 2021 arising out of Magadh Medical P.S. Case No. 325 of 2021.

(Satyavrat Verma, J) Rishi/- U T