Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35012 of 2024 Arising Out of PS. Case No.-404 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Bharat Kumar Son of Late Madan Ram Resident of Village- Basmanpur (Kakhiyatola), P.S- Muffasil (Motihari), Dist- East Champaran 2.

Saravjit Kumar Son of Brijmohan Bahgat Resident of Village- Basmanpur P.S- Muffasil (Motihari), Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Excise P.S. Case No. 404 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 75 liters liquor was recovered from motorcycle and 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 from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.35012 of 2024(2) dt.08-05-2024 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the seized motorcycle in question, rather the petitioner was a passerby of that way. The petitioners are in custody since 10.03.2024 and have got two criminal antecedents. 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 Excise P.S. Case No. 404 of 2024.

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