Sarvjeet Kumar @ Sarvjeet Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62453 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- Geedha District- Bhojpur ====================================================== 1.

Sarvjeet Kumar @ Sarvjeet Rai, Male, aged about 45 years, S/o Late Jagddish Rai, Resident of Village- Dharmpur, P.S. Koilwar, DistrictBhojpur. 2.

Dhanjee Prasad @ Dhanjee Nut, Male, aged about 30 years, S/o Meghnath Nut, R/o vill - Panditpur, P.S. - Barahara, Distt.- Bhojpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Raju Singh, Advocate For the Opposite Party :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Gidha P.S. Case No. 61 of 2024 dated 30.06.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018

3. As per the prosecution case, 360 litres of country made liquor was recovered from the Tempo in question which was driving by the co-accused Md. Danish Ansari. It is further alleged that 100 litres of country made liquor was recovered from the Motorcycle in question on which the petitioners were boarded and they were apprehended.

Patna High Court CR. MISC. No.62453 of 2024(2) dt.19-09-2024 2/3

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is submitted that no incriminating article has been recovered from the conscious possession of the petitioners. They have no concern with the alleged offence. There is no statutory compliance of Section 100 of the Cr.P.C. The petitioners are not the owner of the Motorcycle in question from which 100 litres of country made liquor was recovered. It is further submitted that the other co-accused person, namely, Md. Danish Ansari from whose Tempo, 360 litres of illicit country made liquor was recovered has already been granted bail by a Bench of this Court vide Cr. Misc. No. 60065 of 2024 under order dated 21.08.2024. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail petition. They are in custody in this case since 30.06.2024.

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

Patna High Court CR. MISC. No.62453 of 2024(2) dt.19-09-2024 3/3 learned Exclusive Special Judge, Excise Court No. II, Bhojpur at Ara in connection with Gidha P.S. Case No. 61 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T