Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62883 of 2021 Arising Out of PS. Case No.-220 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

RANDHIR KUMAR SON OF MUNSHI YADAV Resident of Village - Bhekhra Tola, Malahar, P.s.- Guraru, Distt.- Gaya. 2.

SANJEET KUMAR SON OF DASHRATH YADAV Resident of Village - Gangati, P.S.- Aurangabad, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2022 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Excise P.S. Case No. 220 of 2021 for the offence registered under Sections 30(a) & 56(B) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 750 litres of illicit liquor from a Tata Magic vehicle.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and they are languishing in custody since 13.08.2021. The learned counsel for the petitioners has referred to paragraph no. 6 of the present petition to submit that the petitioners are neither the owner nor the

Patna High Court CR. MISC. No.62883 of 2021(2) dt.04-04-2022 2/2 driver of the Tata Magic vehicle in question and they were merely passing by through the place of occurrence.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that the petitioners are not stated to be either the owner or the driver of the vehicle in question apart from the fact that petitioners are having a clean antecedent and are languishing in custody since about seven months, I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to 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 Additional Sessions Judge-II-cum-Special Judge of Excise Act, Gaya in connection with Excise P.S. Case No. 220 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T