Anish Kumar @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29503 of 2024 Arising Out of PS. Case No.-124 Year-2024 Thana- GAURICHAK District- Patna ====================================================== 1.

Anish Kumar @ Vicky Kumar S/o- Jai Prakash Singh Village- Madhopur Bujurg Ps- Devara Kothi Dist- Muzaffarpur 2.

Bablu Kumar S/o- Mundeo Yadav Village- Raj Nagar Ps- Raj Nagar DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Gaurichak P.S. Case No. 124 of 2024, instituted for the offences punishable under Sections 30(a), 30(c), 32(1), 32(2), 32(3), 33 and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 210 liters liquor was recovered from pick-up vehicle and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered

Patna High Court CR. MISC. No.29503 of 2024(2) dt.20-04-2024 2/2 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the petitioner no. 1 is driver and petitioner no. 2 is helper of the seized vehicle and they have no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 16.03.2024 and have got no criminal antecedent. There is no compliance of Section 100 of 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 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaurichak P.S. Case No. 124 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T