Raju Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57472 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- MADHEPUR District- Madhubani ====================================================== 1.

Raju Kumar Sah S/o Nunu Sah R/o vill - Nawada, ward no. 2, P.S. - Madhepur, Distt. - Madhubani 2.

Niraj Kumar S/o Ramveer Mahto R/o vill - Nawada, ward no. 2, P.S. - Madhepur, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 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 Madhepur P.S. Case No. 87 of 2024 dated 30.06.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 81.340 litres of illicit foreign liquor was recovered from the Wagon R Car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the said vehicle but the same was being driven by the Petitioner No.

Patna High Court CR. MISC. No.57472 of 2024(2) dt.12-08-2024 2/2 1, namely, Raju Kumar Sah at the time of the alleged recovery. It is further submitted that the Petitioner No. 2, namely, Niraj Kumar is the labour. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 01.07.2024

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 nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani, in connection with Madhepur P.S. Case No. 87 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T