Vikash Kumar @ Vikash Kumar Rastogi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55078 of 2021 Arising Out of PS. Case No.-257 Year-2021 Thana- TARAIYA District- Saran ====================================================== 1.

Vikash Kumar @ Vikash Kumar Rastogi Son of Late Pannalal Rastogi Resident of Village - Bhoraha, P.S.- Panapur, Distt.- Saran (Chapra). 2.

Sanoj Kumar Son of Chutkuli Prasad Resident of Village - Bhoraha, P.s.- Panapur, Distt.- Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Taraiya P.S. Case No. 257 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners are in custody since 08.08.2021, they are persons with clean antecedents and charge-sheet has been submitted in the case.

Allegation is of recovery of 720 litres of countrymade liquor from a Scorpio (680 litres) and a motorcycle (40

Patna High Court CR. MISC. No.55078 of 2021(2) dt.24-12-2021 2/2 litres).

Learned counsel for the petitioners submits that neither the Scorpio belong to the petitioners nor the seized motorcycle and they were apprehended merely because they were standing where the search was going on.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 08.08.2021, charge-sheet has been submitted in the case and the petitioners are persons with clean antecedents, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Chapra, Saran in connection with Taraiya P.S. Case No. 257 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T