Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22011 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

RAKESH KUMAR Son of Satyanarayan Ray Resident of Village - Bankul, P.S. - Minapur, District- Muzaffarpur.

2.

RAJESH KUMAR Son of Bhikhari Ray Resident of Village - Chani Dhab, Narhan, P.S. - Rajepur, District - Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.

Petitioners seek regular bail in connection with Gopalpur PS Case No. 54/2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

The police intercepted a tempo and recovered 60.120 litres of illicit liquor and arrested the petitioners from the said tempo.

Learned counsel for the petitioners submits that the petitioners being driver and passenger were not aware about the illicit liquor kept inside the tempo. He further submits that no illicit liquor has been recovered from the conscious possession

Patna High Court CR. MISC. No.22011 of 2022(2) dt.26-05-2022 2/2 of the petitioners and they are in custody since 04.03.2022 having no criminal antecedents.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioners and they are in custody since 04.03.2022 having no criminal antecedents and there is no likelihood that the trial will be concluded in near future, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV-cumSpecial Judge, Excise Court No-II, Gopalganj in connection with Gopalpur PS Case No. 54/2022.

(Anil Kumar Sinha, J) perwez U T