Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45654 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- GUTHANI District- Siwan ====================================================== 1.

Raushan Kumar Son Of Shyam Babu Sah Resident Of Village- Bankipur Gorakit, Ps- Fatuha, Dist- Patna.

2.

Golu Kumar Son Of Manoj Kumar Resident Of Village- Bankipur Gorakit, Ps- Fatuha, Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 381.600 liters of illegal english liquor from a Car, which was being driven by the petitioner no. 2 and petitioner no. 1 was the helper.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.45654 of 2023(3) dt.24-08-2023 2/3 that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of these petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 14.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioner no. 2 is directed to deposit Rs. 10,000/- (ten thousand) in the account of concerned DLSA.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Guthani P.S. Case No. 174 of 2023.

8. The bail bond of the petitioner no.2 shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.45654 of 2023(3) dt.24-08-2023 3/3 10,000/- (ten thousand) by the petitioner no. 2 in the account of concerned DLSA.

(Sunil Kumar Panwar, J) arish/- U T