Patna High CourtCR. MISC./37271/2024bail granted

Kamlesh Rajbanshi @ Kamlesh Kumar v. The State Of Bihar

2024-05-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37271 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== 1.

Kamlesh Rajbanshi @ Kamlesh Kumar Son of Sohan Rajbanshi Resident of Village-Dhandhari, P.S- Nemdarganj, Dist- Nawada 2.

Barhan Rajbanshi @ Anil Rajbanshi Son of Late Chamru Rajbanshi Resident of Village-Dhandhari, P.S- Nemdarganj, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Sinha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Nemdarganj P.S. Case No. 102 of 2024 dated 17.03.2024 registered for the offences punishable u/ss 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 litres of illicit country made liquor was recovered from under straw, near Dhandhari Nala.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.37271 of 2024(2) dt.15-05-2024 2/2 implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner no. 1 has two criminal antecedents and he is on bail in both cases whereas petitioner no. 2 has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioners are in custody since 18.03.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of their custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Nawada in connection with Nemdarganj P.S. Case No. 102 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T