Shashi Bhushan Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52531 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== 1.

Shashi Bhushan Azad Son of Late Ram Padarath Ray @ Ram Padarath Yadav Resident of Vill- Hakimabad, Tara, P.S.- Muffasil, DistrictSamastipur. 2.

Jay Prakash Son of Dharmesh Kumar Ray Resident of Vill- Hakimabad, Tara, P.S.- Muffasil, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Adv.

Mr. Ankit Kumar Jha, Adv.

Mr. Rakhi Kumari, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners are seeking regular bail in connection with Kalyanpur P.S. Case No. 142 of 2024, registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment), Act 2022.

3. As per allegation, 73.77 liters of IMFL and two mobile sets were recovered from possession of the petitioners.

4. The learned counsel for the petitioners has submitted the petitioners are innocent and have falsely been implicated in this case. He has further submitted that nothing was recovered from conscious possession of the petitioners. The

Patna High Court CR. MISC. No.52531 of 2024(3) dt.01-10-2024 2/2 petitioner no. 2 is a person of clean antecedent. The petitioners are under custody since 16.06.2024.

5. Considering the above-mentioned facts and circumstances, 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-I, Samastipur in connection with Kalyanpur P.S. Case No. 142 of 2024, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

6. Before release, the learned court below shall verify the criminal antecedent of the petitioner no. 1 and if he is found involved in any case other than the case as mentioned in para-3 of the bail petition, his bail bond shall not be accepted.

(Nawneet Kumar Pandey, J) Nirmal/- U T