Rinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33280 of 2020 Arising Out of PS. Case No.-113 Year-2020 Thana- SATHI District- West Champaran ====================================================== 1.
RINKU KUMAR SON OF DINESH PRASAD @ DINESH SAH Resident of Village- Dumra, P.S.- Chanpatiya, Dist- West Champaran at Bettiah. 2.
RANJAN KUMAR Son of America Sah R/o Village- Vriti Tola Jaitiya, P.S.- Chanpatiya, District- West Champaran at Bettiah. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2020 Heard both sides through Video Conferencing.
Learned counsel for the petitioners submits that due to mistake, the name of only one petitioner typed in the order rejecting the prayer for bail although both the petitioners, Rinku Kumar and Ranjan Kumar were the applicants and corrected order dated 09.12.2020 is already kept on record. The petitioners seek bail in Sathi P.S. Case No.113 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act.
Both the petitioners were apprehended while the police intercepted a Piaggi auto rickshaw and 198 litres of Indian made foreign liquor was recovered from the auto
Patna High Court CR. MISC. No.33280 of 2020(2) dt.14-12-2020 2/2 rickshaw.
The learned counsel for the petitioners submits that petitioners are not concerned with the auto rickshaw. Petitioners were passengers and they have no manner of concern with the auto rickshaw. Petitioners are neither the owner nor the driver or cleaner of the auto rickshaw. Niraj Kumar is said to have fled away. Petitioners are in jail since 18.07.2020. It appears that for the recovery of about 200 litres of country made liquor, petitioners have remained in jail for about five months.
Taking into consideration the facts aforesaid that the petitioners are in jail for about five months for the recovery of about 200 litres of country made liquor, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Pawan Kumar Pandey, learned Special Judge, Excise, Bettiah, West Champaran in connection with Sathi P.S. Case No.113 of 2020. (Prabhat Kumar Jha, J) Saurabh/- U T