Rohit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71224 of 2021 Arising Out of PS. Case No.-637 Year-2021 Thana- FATUA District- Patna ====================================================== 1.

Rohit Raj Son Of Shyam Narayan Prasad Resident Of Village- Kalyanpur, P.S.- Fatuha, District- Patna.

2.

Sudhir Kumar Son Of Ram Babu Prasad Resident Of Village- Near Pali Halt, P.S.- Bihta, District- Patna.

3.

Rahul Kumar Son Of Randhir Rai Resident Of Village- Near Pali Halt, P.S.- Bihtha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. The petitioners seek bail in connection with Special Case No. 5296 of 2021 arising out of Fatuha P.S. Case No. 637 of 2021 instituted for the offences under Sections 30(a) and 56(c) of the Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 28.08.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.71224 of 2021(2) dt.28-02-2022 2/2 allegation is of recovery of 555 litres of liquor from a truck. Learned counsel for the petitioners submits that the petitioners are the driver and khalashi of the truck and as such was not knowing what the owner and transporter had 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 28.08.2021, are persons with clean antecedent and chargesheet has been submitted in the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 5296 of 2021 arising out of Fatuha P.S. Case No. 637 of 2021.

(Satyavrat Verma, J) Rishi/- U T