Patna High CourtCR. MISC./71762/2024allowed

Niraj Kumar v. The State Of Bihar

2024-10-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71762 of 2024 Arising Out of PS. Case No.-558 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== 1.

Niraj Kumar S/O- Ganesh Ray @ Ganesh Gop Village- Jagdishpur PsRaghopur Dist- Vaishali 2.

Vikash Kumar S/O- Lal Kishore @ Lal Kishore Ray Village- Malikpur PsRaghopur Dist- Vaishali 3.

Vinod Kumar S/O- Kamal Saw Village- Khemnichak Ps- Ramkrishna Nagar Dist- 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. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are praying for regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. The case of the prosecution is that 87 liters country made liquor was recovered from a tempo and the petitioners were also there in the tempo.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners have falsely been implicated in this case. They have

Patna High Court CR. MISC. No.71762 of 2024(2) dt.05-10-2024 2/2 got no criminal antecedent. It is further submitted that the petitioners are only the traveller of the tempo and are in custody since 24.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, as well as, custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kadamkuan P.S. Case No.558 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Patna.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T