Patna High CourtCR. MISC./66616/2024bail granted

Rajesh Kumar v. The State Of Bihar

2024-09-25Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66616 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- AMDABAD District- Katihar ====================================================== 1.

Rajesh Kumar son of Shrawan Mahto Village- Rajapakar, Ps- Barari, DistKatihar 2.

Sanjay Kumar Son of Ranjit Mahto Village- Rajapakar, Ps- Barari, DistKatihar 3.

Gopal Kumar Son of Raghunath Mahto Village- Rajapakar, Ps- Barari, DistKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Amdabad P.S. Case No. 158 of 2024.

3. As per prosecution case, there has been recovery of total 102 liters of foreign liquor from a Car and the petitioners were apprehended on spot.

4. The learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this

Patna High Court CR. MISC. No.66616 of 2024(2) dt.25-09-2024 2/2 case and have committed no offence. Petitioners have no concern with the alleged recovery of liquor. On the basis of suspicion, they have been made accused in this case. No incriminating article has been recovered from the conscious possession of these petitioners. Petitioners are person of clean antecedent and they are in custody since 15.08.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioners having clean antecedent, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge, Excise Court No. I, Katihar in connection with Amdabad P.S. Case No. 158 of 2024, subject to the condition that the petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T