Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51220 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== 1.

Ajay Kumar Son of Sunil Prasad Resident of Vill- Patut, P.S.- Rani Talab, District- Patna.

2.

Dipak Kumar Son of Arun Prasad Diwakar @ Arun Kumar Sao Resident of Vill- Patut, P.S.- Rani Talab, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Rail Danapur P.S. Case No. 77 of 2024 registered under Section30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case in short is that in course of checking the train No. 09045 at Bihta, petitioners were found uploading illicit liquor from the said train and both were apprehended by police.

4. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.51220 of 2024(2) dt.29-07-2024 2/2 petitioners. The petitioners are in custody since 12-05-2024. It is alleged that 75.240 litres foreign liquor is said to have been recovered. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioner had no knowledge regarding the alleged incident.

5. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

6. Considering the aforesaid facts and circumstances, specially the fact that the petitioners have got no criminal antecedent, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur in connection with Rail Danapur P.S. Case No. 77 of 2024.

7. Before accepting the bail bond of the petitioners, the learned court below shall verify their criminal antecedents and if, they are found involved in any case other than the present one, their bail bonds shall not be accepted. (Nawneet Kumar Pandey, J) A.K.V.//- U T