Patna High CourtCR. MISC./43206/2022bail granted

Rajan Sah @ Rajan Kumar v. The State Of Bihar

2022-10-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43206 of 2022 Arising Out of PS. Case No.-519 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

RAJAN SAH @ RAJAN KUMAR S/O BHOLA SAH Resident of villageDaroga Tola, P.S.- Banjariya, District- East Chamapran 2.

KRISHNA SAH S/O JAMUNA SAH Resident of village- Nandpur, P.S.- Banjariya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30 (a), 30(c), 32, 34, 41(i),44, 45 of the Bihar Prohibition & Excise Act. As per the prosecution case, 87.665 liter of foreign liquor has been recovered from a pick up van and orchard of Ankush Kumar.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. No incriminating article has been recovered from the conscious possession or premises of the petitioners and they are

Patna High Court CR. MISC. No.43206 of 2022(2) dt.14-10-2022 2/2 no way concerned with the alleged recovery. Petitioners are neither driver nor owner of the vehicle in question. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Excise Court No.1, East Champaran, Motihari in connection with Turkauliya (Banjariya) PS case No. 519/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T