Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49468 of 2021 Arising Out of PS. Case No.-61 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

Rajeev Kumar Son of Late Vishwanath Rai Resident of New Yarpur, Janta Road, Gardanibagh, Patna.

2.

Manoj Kumar Son of Dalshringar Rai Resident of New Yarpur, Janta Road, Gardanibagh, Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Gardanibagh P.R. No. 61 of 2021 dated 03.07.2021 instituted for the offences under Sections 30(a), 32(1) 41(1) (2) and 47 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 04.07.2021, are persons with

Patna High Court CR. MISC. No.49468 of 2021(3) dt.24-12-2021 2/2 clean antecedent and prosecution report has been submitted in the case.

Learned counsel for the petitioners submits that recovery is alleged to be from a barren land behind the house of petitioner no. 1 from where 462.600 litres of liquor is alleged to have been recovered.

Learned counsel for the petitioners submits that the petitioner were not aware who kept the liquor and were arrested based on suspicion.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioners are in custody since 04.07.2021, prosecution report has been submitted in the case and the petitioners are persons with clean antecedent, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Gardanibagh P.R. No. 61 of 2021.

(Satyavrat Verma, J) Rishi/- U T