Shivam Kumar @ Shivam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52145 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

Shivam Kumar @ Shivam Son of Ram Pravesh Rai R/O Vill.- Chkla, P.S.- Mohiuddin Nagar, District - Samastipur.

2.

Vishal Kumar @ Vishal Roy Son of Prem Ray R/O Vill.- Chkla, P.S.- Mohiuddin Nagar, District - Samastipur.

3.

Navjeet Kumar Son of Sudhir Sah R/O Vill.- Chkla, P.S.- Mohiuddin Nagar, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kumar Pandey For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Mohiuddinnagar P.S. Case No. 126 of 2024 registered for the offence punishable under Sections-30(a), 41(i)(ii) of Bihar Excise Act.

3. It is alleged that on the tip off, the informant with other police personnel reached at the place of occurrence and saw the persons sitting on a motorcycle and a Scorpio and on intervention of police officials, some persons were arrested from the vehicles and on search, 204.86 litres wine was recovered from the motorcycle and the Scorpio.

Patna High Court CR. MISC. No.52145 of 2024(2) dt.31-07-2024 2/2

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in this case. It has further been submitted that nothing has been recovered from conscious possession of the petitioners. The petitioners are in custody since 13-06-2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances the petitioners named above, are directed to furnish bail bond in the court below after five months from today and on doing so, the petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Court No. 2, Samastipur in connection with Mohiuddinnagar P.S. Case No. 126 of 2024 with condition that the petitioners shall cooperate with the trial of the case and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T