Patna High CourtCR. MISC./639/2022bail granted

Raj Kumar v. The State Of Bihar

2022-03-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.639 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

RAJ KUMAR S/o Hareram Das R/o village- Bhatgana, Tole, Khairwan, P.S.- Dalsinghsarai, District- Samastipur 2.

Mukesh Kumar S/o Ravindra Das R/o village- Bhatgana, Tole, Khairwan, P.S.- Dalsinghsarai, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Dalsinghsarai P.S. Case No. 291 of 2021 instituted for the offences under Section 30(a) of the Excise Act. Learned counsel for the petitioners submits that the petitioners are in custody since 25.09.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that the allegation is of recovery of liquor from the house of the petitioners as detailed in the F.I.R.

Patna High Court CR. MISC. No.639 of 2022(2) dt.03-03-2022 2/2 Learned counsel for the petitioners submits that the house is a joint family property and as such they were not aware that who had kept 18 litres and 8.64 litres liquor in their house. 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 25.09.2021, 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. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise), Samastipur in connection with Dalsinghsarai P.S. Case No. 291 of 2021. Learned counsel for the petitioners is permitted to rectify the pleadings made in paragraph '1' of the bail application.

(Satyavrat Verma, J) Rishi/- U T