Patna High CourtCR. MISC./40141/2024bail granted

Premjeet Kumar v. The State Of Bihar

2024-06-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40141 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Rasalpur District- Bhagalpur ====================================================== 1.

Premjeet Kumar S/O SUBODH THAKUR R/O VILLAGE- Sanokhar,P.S.- SANOKHAR, DIST- BHAGALPUR, BIHAR 2.

RINTU YADAV @ SANTU YADAV S/O PAIRU YADAV R/O VILLAGESanokhar,P.S.- SANOKHAR, DIST- BHAGALPUR, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate Ms. Geeta Kumari Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Rasalpur P.S. Case no.2 of 2024 registered under section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. As per the prosecution case, on seeing the police personnel, the driver of the tempo escaped. A total of 36 litres of IMFL was recovered and the two petitioners herein were taken into custody.

4. Learned counsel for the petitioners submits that no incriminating article has been recovered from their possession. They have no concern with the tempo in question nor with the

Patna High Court CR. MISC. No.40141 of 2024(2) dt.04-06-2024 2/2 seized articles. They are in custody since 10.3.2024 and have no criminal antecedent.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioners being in custody since 10.3.2024 and not having any criminal antecedent, both the petitioners are directed to be enlarged on bail in connection with Rasalpur P.S. Case no. 2 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge-II, Bhagalpur.

(Partha Sarthy, J) Shiv/- U T