Santosh Rawat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53379 of 2023 Arising Out of PS. Case No.-344 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

SANTOSH RAWAT SON OF RAM AYODHYA PRASAD @ RAM AYODHAYA RAWAT RESIDENT OF HARPUR BAZAR, P.S. - TOWN GOPALGANJ, DISTRICT - GOPALGANJ 2.

BIRBAL KUMAR SON OF AMARDEO RAM RESIDENT OF VILLAGE - KOTWA, P.S. - NAGAR, P.S. GOPALGANJ, DISTRICT - GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Kuchaikote P.S. Case No. 344 of 2023 dated 06.07.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act2018.

3. As per the prosecution case, two miscreants were apprehended by police who disclosed their names as Santosh Rawat (Petitioner no. 1) and Birbal Kumar (Petitioner no. 2). On search, 627.0 litres of Banti Babli country made liquor was recovered from Bolero.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.53379 of 2023(2) dt.25-08-2023 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners are not the owner of the vehicle. The petitioner no. 1 has clean antecedent while petitioner no. 2 is accused in one more criminal case as stated in para 3 of the bail petition. The petitioners are in custody since 07.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Kuchaikote P.S. Case No. 344 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T