Raja Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34304 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== 1.

RAJA DAS Son of Sri Munna Das Resident of Village- Dewna, P.S.- Gowalpokhar, District- Uttar Dinazpur (W.B.). 2.

Tajen Oraw Son of Late- Virsa Oraw Resident of Village- Teliapokhar, P.S.- Gowalpokhar, District- Uttar Dinazpur (W.B.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel appearing for the petitioners and learned A.P.P. appearing for the State.

The petitioners seek regular bail in connection with Special Excise Case No. 75 of 2021 arising out of Sadar Circle Excise Case No. 05 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 131.250 litres of illicit liquor from the car of the petitioner no. 2 which was being driven by the petitioner no. 1.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated

Patna High Court CR. MISC. No.34304 of 2021(2) dt.13-12-2021 2/2 in the present case and they are languishing in custody since 20.01.2021.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail upon them furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge(Excise Act), Araria in connection with Special Excise Case No. 75 of 2021 arising out of Sadar Circle Excise Case No. 05 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T