Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60304 of 2022 Arising Out of PS. Case No.-674 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== 1.

Balram Kumar Son Of Late Manoj Ram R/V- Ketari, P.S- Korma, DistShekhpura 2.

Kishore Kumar @ Kishore Kumar Mahto Son Of Late Ram Das Mahto R/VJandaha, P.S- Jandaha, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65498 of 2022 Arising Out of PS. Case No.-674 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== Raj Kumar Son Of Sukku Seth @ Sukkhoo R/O- Darapatti, P.S.- Bhadoi, Dist- Bhadoi, (U.P.) ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 60304 of 2022) For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Sanjay Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 65498 of 2022) For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 30(a) of Bihar Prohibition &

Patna High Court CR. MISC. No.60304 of 2022(3) dt.17-02-2023 2/3 Excise Act.

It is a case of recovery of 800 litres of Codeine Phosphate & Cholorpheniramine Maleate, Eskuf Cough Syrup from different vehicles.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioners and they have no concern with the seized contraband substance. It is also submitted that the alleged seized article was not sealed on the spot, which creates doubt in authenticity of the prosecution story. It is also submitted that petitioners are languishing in judicial custody since 04.09.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the

Patna High Court CR. MISC. No.60304 of 2022(3) dt.17-02-2023 3/3 case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Agamkuan P.S. Case No. 674 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna City, Patna.

(Sunil Kumar Panwar, J) nirajkrs/- U T