Raju Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41031 of 2020 Arising Out of PS. Case No.-194 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

Raju Kumar Rai Son of Late Shailendra Rai R/o Village- Piprahi, Ward No.- 6, P.S.- Amnaur, Distt- Saran 2.

Pawan Kumar Son of Late Lakshman Rai Resident of Village- Aguan, Ward No.-14, P.S.- Amnaur, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bandana Singh, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2021 Heard learned counsel for the petitioners and learned A.P.P for the State through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Excise Case no. 194 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the F.I.R., 73.260 litres of IMFL was recovered from the vehicle in which both the petitioners were present.

It is submitted by learned counsel for the petitioners that the allegation of recovery are false and concocted. No incriminating article has been recovered as

Patna High Court CR. MISC. No.41031 of 2020(2) dt.03-03-2021 2/2 alleged in the F.I.R.. The petitioners have no criminal antecedent and are in custody since 17.8.2020. Investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioners not having any criminal antecedent and being in custody since 17.8.2020, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Excise Case no. 194 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-II-cumSpecial Judge, Excise, Gopalganj. (Partha Sarthy, J) Bibhash/- U T