Patna High CourtCR. MISC./61809/2024bail granted

Rabindra Kumar v. The State Of Bihar

2024-08-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61809 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- MANIHARI District- Katihar ====================================================== 1.

Rabindra Kumar S/o Rajkapoor Bhagat @ Raj Kapoor Bhagat R/o Sudin Chowk, Tatlma Toli Madhi Colony, P.S. - Maranga, Distt. - Purnea 2.

Mithun Kumar S/o Nageshwar Yadav R/o Pothia, P.S. - Pothia, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 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 Manihari P.S. Case No. 157 of 2024 dated 28.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 43.875 litres of illicit foreign liquor was recovered from the two bikes.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are neither the driver nor the owner of the said vehicle. The petitioners have no concern

Patna High Court CR. MISC. No.61809 of 2024(2) dt.28-08-2024 2/2 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 29.06.2024.

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 period of custody, the petitioners above-named, are 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, Katihar in connection with Manihari P.S. Case No. 157 of 2024.

7. The application stands allowed.

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