Patna High CourtCR. MISC./20993/2024bail granted

Arvind Rajwanshi v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20993 of 2024 Arising Out of PS. Case No.-949 Year-2023 Thana- Excise P.S. District- Nawada ====================================================== 1.

Arvind Rajwanshi S/o Dilip Rajwanshi Resident of Village- Jaypur, P.S.- Fatehpur, District-Gaya 2.

Somnath Kumar S/o Vijay Rajwanshi Resident of Village- Jaypur, P.S.- Fatehpur, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 949 of 2023 instituted for the offences punishable under Sections 30(a), 56(2)(ii) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 100 litres of liquor was recovered from a tempo.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted

Patna High Court CR. MISC. No.20993 of 2024(2) dt.18-03-2024 2/2 that petitioners are neither the owner nor the driver of the vehicle. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 06.12.2023 and have no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 949 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T