Aaraw Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37916 of 2020 Arising Out of PS. Case No.-166 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

AARAW RAJ Son of Vijay Prasad Sahu @ Vijay Prasad Resident of Village- Pipara, P.S.- Pipara, Distt- Motihari, East Champaran 2.

Shivam Kumar Son of Vinod Kumar Resident of Village- Pipara, P.S.- Pipara, Distt- Motihari, East Champaran.

3.

Ratan Kumar Son of Gauri Shankar Sah Resident of Village- Lakhani Madhuban, P.S.- Pipara, Distt- Motihari, East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar Verma, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-02-2021 Heard Mr. Uma Shankar Verma, learned counsel for the petitioners and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State. Petitioners seek regular bail in connection with Excise Case No. 166 of 2020 registered for the offence punishable under Section 30(a) of the Excise Act.

The allegation as per the prosecution report lodged by the Excise Officer is that a Wagon-R Car in which 4 persons were travelling, was intercepted and a total quantity of 77.06 litres of illicit liquor and 11 litres beer were recovered from the same.

Patna High Court CR. MISC. No.37916 of 2020(2) dt.05-02-2021 2/2 Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they are not the owner of the car in question. They were travelling as passengers in the car. Learned counsel also submits that the petitioners have got no criminal antecedents and they are in custody since 14.07.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioners have got no criminal antecedents and they are not the owner of the car in question, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - II, Gopalganj, in connection with Excise Case No. 166 of It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T