Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51307 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- SUGAULI RAIL PS District- East Champaran ====================================================== 1.
Raushan Kumar, aged about 21 years, Male, Son of Ramnath Ram, R/o Village- Distaulia, ward No.-03, P.S.- Kathaiya, District- Muzaffarpur. 2.
Harishankar Mahto, aged about 40 years, Male, Son of Late Santlal Mahto, R/o Village- Distaulia, ward No.-03, P.S.- Kathaiya, District- Muzaffarpur. 3.
Rajan Kumar, aged about 30 years, Male, Son of Late Shankar Ram, R/o Village- Distaulia, ward No.-03, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Abhishek Kumar, Advocate For the Opposite Party :
Mr. Umanath Mishra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Rail Sugauli P.S. Case No. 35 of 2024 dated 06.05.2024 registered for the offence punishable u/ss 25(1-b)a/26/35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 17.91 litres of illicit foreign liquor was recovered from the bag of the petitioners and the co-accused person and two live cartridges were also recovered from the co-accused Chand Ali.
Patna High Court CR. MISC. No.51307 of 2024(2) dt.22-07-2024 2/2
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 07.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, in connection with Rail Sugauli P.S. Case No. 35 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/amanU T