Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49871 of 2024 Arising Out of PS. Case No.-296 Year-2024 Thana- MALSALAMI District- Patna ====================================================== 1.

Rajiv Kumar Son of Indradeo Prasad R/O Mohalla- Pirdamari, P.s.- Malsalami, Dist.- Patna 2.

Shakti Paswan Son of Late Sakaldeo Paswan R/O Mohalla- Pirdamari, P.s.- Malsalami, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Malsalami P.S. Case No. 296 of 2024, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. As per allegation, on a secret information, the informant along with other police party reached the place of occurrence. Seeing the police party, the petitioners started fleeing away but were apprehended. On search, 161.5 liters of country-made liquor was recovered from their possession.

4. The learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.49871 of 2024(2) dt.24-07-2024 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from their conscious possession and they are under custody since 20.6.2024.

5. Petitioner no. 1 has one criminal antecedent whereas petitioner no. 2 has four criminal antecedent.

6. Considering the above-mentioned facts and circumstances, petitioner nos. 1 and 2 are directed to furnish their bail bonds after three months and six months from today respectively and on doing so, the court below shall release the petitioners on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise Patna City in connection with Malsalami P.S. Case No. 296 of 2024, subject to the following condition:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Nawneet Kumar Pandey, J) kundan/- U T