Tutu Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50499 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

TUTU KUMAR @ RAJA Son of Vishwanath Prasad Resident of Naya Tola Raghopur, P.O. and P.S.- Bakhtiyarpur, District- Patna (Bihar). 2.

Gautam Kumar @ Raju Son of Vishwanath Prasad Resident of Naya Tola Raghopur, P.O. and P.S.- Bakhtiyarpur, District- Patna (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr Singh No.1, Adv For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2022 Heard Mr. Ajay Kr Singh No.1, learned counsel for the petitioners and Mr. Madhura Nand Jha, learned Additional Public Prosecutor for the State through video conferencing. Petitioners seek regular bail in connection with Special Case No. 2113/2021 arising out of Bakhtiyarpur PS Case No. 54/2021 registered for the offence punishable under Section 414 IPC and Section 30(a) of Bihar Prohibition & Excise Act 2018.

The police intercepted a motorcycle and recovered 91 litres of illicit liquor from the same and arrested the petitioners. Learned counsel for the petitioners submits that the petitioners have got no criminal antecedents and they have

Patna High Court CR. MISC. No.50499 of 2021(2) dt.01-04-2022 2/2 falsely been implicated in this case at the behest of the police. He further submits that from perusal of Annexure-2, it would be evident that brother of petitioners is the owner of the motorcycle in question. Learned counsel next submits that the petitioners are in custody since 18.03.2021 and the charge-sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioners are in custody since 18.03.2021 and the chargesheet has already been submitted in the matter and there is no likelihood that the petitioners will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, namely, 1. TUTU KUMAR @ RAJA 2. GAUTAM KUMAR @ RAJU be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 2113/2021 arising out of Bakhtiyarpur PS Case No. 54/2021.

(Anil Kumar Sinha, J) perwez U T