Rishi Kumar Laldev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45819 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== 1.

Rishi Kumar Laldev Son of Shhila Nath Laldev R/O Vill.- Beligao, P.S.- Bachheri, Dist.- Darbhanga.

2.

Md. Arif @ Mohammad Arif Son of Md. Mumtaz R/O Vill.- Lalbag Pani Tanki, P.S.- Nager, Dist.- Darbhanga 3.

Roshan Sahni Son of Late Kishori Sahni R/O Vill.- Shivaji Nagar, P.S.- Nager, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 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 Barauli P.S. Case No. 133 of 2024 dated 23.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 983.340 litres of illicit foreign liquor was recovered from the two pick-up vehicles.

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

Patna High Court CR. MISC. No.45819 of 2024(2) dt.02-07-2024 2/2 implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners are the passenger of the said vehicle and they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 24.04.2024.

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 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, Gopalganj in connection with Barauli P.S. Case No. 133 of 2024.

7. The application stands allowed.

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