Radhe Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64486 of 2021 Arising Out of PS. Case No.-237 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

RADHE KUMAR Son of Bhuli Sah Resident of Village- Rampur Barahi, P.S.- Riga, District- Sitamarhi.

2.

Niraj Kumar Son of Vikau Das Resident of Village- Chamdiha, P.S.- Riga, District- Sitamarhi.

3.

Vikas Kumar Singh Sonof Birendra Singh Resident of Village- Barahi Jagdish, P.S.- Purnahiya, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners seek bail in connection with Sonbarsa P. S. Case No.237 of 2021, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioners submits that the petitioners are in custody since 26.08.2021, chargesheet has been submitted in the case and petitioner no.1 has one antecedent while petitioner nos.2 and 3 are persons with

Patna High Court CR. MISC. No.64486 of 2021(2) dt.04-02-2022 2/3 clean antecedent.

Allegation is of recovery of 117 litre of wine from three motorcycles.

The learned counsel for the petitioners submits that petitioners were not arrested from the spot and the motorcycles from which the alleged recovery of wine was made, was parked in the parking and someone had kept the liquor of which the petitioners were completely unaware, but being owner of the motorcycle, the petitioners came to be implicated.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioners are in custody, charge-sheet has been submitted in the case and petitioner no.1 has only one antecedent while petitioner nos.2 and 3 are persons with clean antecedent, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge Excise Act, Sitamarhi

Patna High Court CR. MISC. No.64486 of 2021(2) dt.04-02-2022 3/3 in connection with Sonbarsa P. S. Case No.237 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T