Rakesh @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47583 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== 1.
Rakesh @ Rakesh Kumar Son of Prahlad Yadav Resident of Vill- Garha, P.S.- Deodha, District- Madhubani 2.
Kapil Mukhiya @ Kapil Kumar Son of Bindeshwar Mukhiya Resident of Vill- Garha, P.S.- Deodha, District- Madhubani 3.
Chandan Kumar Paswan @ Chandan Kumar Son of Raslal Paswan Resident of Vill- Garha, P.S.- Deodha, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-07-2024 Heard the learned counsel for the petitioners and learned counsel for the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
3. The petitioners seek bail in connection with Basopatti P.S. Case No. 75 of 2024 registered for the offence under Sections 272, 273, 414/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
4. Recovery is of 216 litres of illicit liquor and a motorcycle.
Patna High Court CR. MISC. No.47583 of 2024(2) dt.10-07-2024 2/3
5. Learned counsel for the petitioners submits that the petitioners are in custody since 29.04.2024 and they have no criminal antecedent.
6. Learned A.P.P. has vehemently opposed the prayer for bail.
7. Considering the period of custody and the recovery of liquor, this application for regular bail is allowed.
8. Let the petitioners, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Basopatti P.S. Case No. 75 of 2024.
9. This is also subject to the condition that the petitioners will also deposit an amount of Rs. 50,000/- (Rupees Fifty Thousand Only) in Ramkrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar, 843116 and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioners.
10. The petitioners will visit Deodha Police Station on the first & third Sunday of each month. Any default in
Patna High Court CR. MISC. No.47583 of 2024(2) dt.10-07-2024 3/3 appearance at the Police Station would result in cancellation of bail bond of the petitioners.
(Sandeep Kumar, J) Guddu/- U