Patna High CourtCR. MISC./67089/2024bail granted

Pankaj Rai v. The State Of Bihar

2024-09-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67089 of 2024 Arising Out of PS. Case No.-174 Year-2024 Thana- DERNI BAZAR District- Saran ====================================================== 1.

Pankaj Rai S/O Suresh Rai R/O Village- Saidpur Jhaua Dhala, P.S.- Awatar Nagar, District- Saran At Chhapra 2.

Vikash Rai Son Of Mahendra Rai R/O Village- Saidpur Jhaua Dhala, P.S.- Awatar Nagar, District- Saran At Chhapra 3.

Deepak Rai Son Of Shyam Babu Rai R/O Village- Saidpur Jhaua Dhala, P.S.- Awatar Nagar, District- Saran At Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Derni P.S Case No. 174 of 2024 dated 12.08.2024 registered for the offence punishable u/ss 30(a)/37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 150 litres of illicit country made liquor was recovered from the tempo and a motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.67089 of 2024(2) dt.18-09-2024 2/2 implicated in this case. The petitioners are neither the owner nor the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.08.2024.

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 learned Court concerned, Saran at Chapra, in connection with Derni P.S Case No. 174 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Aman Kumar/- U T