Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72500 of 2021 Arising Out of PS. Case No.-272 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== 1.
Rajesh Kumar Son of Om Prakash Sharma Resident of Village- Baikatpur, P.S- Khushrupur, Dist- Patna 2.
Raju Kumar Son of Parshuram Singh Resident of Village- Baikatpur, P.SKhushrupur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sidharth Prasad, Adv.
Mr. Om Prakash Kumar, Adv.
For the Opposite Party/s :
Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-05-2022 Heard learned advocate for the petitioners and learned Additional Public Prosecutor representing the State. The petitioners, who are the driver and cleaner of the truck from where recovery of 1004.62 liters of liquor has been made, seek bail in connection with Barahiya P.S. Case No. 272 of 2021 dated 20.10.2021 instituted for the offences under Sections 30(a), 32(iii) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The staid defence of the petitioners is that they had no idea about the nature of consignment.
However looking at the period of custody of the petitioners which is from 21.10.2021 as also taking into account
Patna High Court CR. MISC. No.72500 of 2021(2) dt.25-05-2022 2/2 that they do not have criminal antecedents and the charge-sheet in this case has already been submitted, they are directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge (Excise), Lakhisarai in connection with Barahiya P.S. Case No. 272 of 2021. While saying so, this Court has also taken note of the fact that one of the other co-accused persons has already been granted bail by a coordinate Bench of this Court. (Ashutosh Kumar, J) rishi/- U T