Mukesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63143 of 2021 Arising Out of PS. Case No.-234 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== 1.

Mukesh Ray S/o Sri Lalo Ray R/o Village- Basauli, P.S.- Kudhni, DistrictMuzaffarpur, Bihar. 2.

Rohit Paswan S/o Ruplal Paswan R/o Village- Choti Basauli, P.S.- Kudhni, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr. Chandra Bhusha Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2022 Heard learned counsel for the petitioners and Shri Chandra Bhusha Prasad, learned A.P.P. for the State through virtual court proceedings.

The petitioners seek bail in connection with Barhiya P.S. Case No. 234 of 2021 instituted for the offences under Sections 420 and 120B of the Indian Penal Code read with Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioners submits that the petitioners are in custody since 05.09.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.63143 of 2021(2) dt.04-02-2022 2/2 Learned counsel for the petitioners submits that allegation is of recovery of 4280.40 litres of liquor from a truck. Learned counsel for the petitioners submits that the petitioners are driver and cleaner of the truck and as such were not knowing what was loaded in the truck.

Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 05.09.2021, charge-sheet has been submitted in the case and the petitioners are persons with clean antecedent, let the petitioners above named be released 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 Additional District and Sessions Judge-II-cum-Special Judge (Excise), Lakhisarai in connection with Barhiya P.S. Case No. 234 of 2021, one of the bailor of the petitioners shall be their respective fathers (Shri Lalo Ray and Shri Ruplal Paswan). (Satyavrat Verma, J) Rishi/- U T