Prakash Kumar @ Prakas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54537 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== 1.

PRAKASH KUMAR @ PRAKAS KUMAR S/O LATE LALBABU CHAUHAN R/O VILLAGE- BADHAUNI, P.S- HUSSAINGANJ, DISTT.- SIWAN.

2.

PRADEEP SAHNI S/O LATE RUDAL SAHANI R/O VILLAGEIMLAULI, P.S- MAIRWA, DISTT.- SIWAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2024 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 Mairwa P.S. Case No. 185 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 to the place of occurrence. Seeing the police party, petitioner no. 1, driver of Bolero vehicle, started fleeing away whereas petitioner no. 2, riding on motorcycle as a pillion rider also started fleeing away but they were apprehended. On search, 214.2 liters of foreign

Patna High Court CR. MISC. No.54537 of 2024(2) dt.13-08-2024 2/2 liquor was recovered from the vehicle of petitioner no. 1.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. They are the persons of clean antecedent. Nothing has been recovered from their conscious possession and they are under custody since 18.6.2024.

5. Considering the above-mentioned facts and circumstances as well as clean antecedent, let the petitioners above-named be released 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 Judge Excise Court No.I, Siwan in connection with Mairwa P.S. Case No. 185 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