Rajan Kumar Rai @ Pintu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29139 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== 1.

Rajan Kumar Rai @ Pintu Kumar Rai Son of Naresh Ray @ Naresh Rai Resident of Village- Vaishali, P.S- Vaishali, Dist.- Vaishali 2.

Vinod Rai Son of Bunni Rai Resident of Village- Khairwa, P.SBhagwanpur, Dist.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Kateya P.S. Case No. 48 of 2024, instituted for the offences punishable under Sections 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 1028.160 liters liquor was recovered from truck 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.29139 of 2024(2) dt.19-04-2024 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 khalasi of the seized vehicle and they have no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 20.02.2024 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 Kateya P.S. Case No. 48 of 2024.

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