Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70100 of 2024 Arising Out of PS. Case No.-274 Year-2024 Thana- BHELDI District- Saran ====================================================== 1.

Rajnish Kumar Son of Dinesh Thakur R/O Vill.- Musapur, P.S.- Muffasil, Dist.- Samastipur.

2.

Dhiraj Kumar Son of Kailash Thakur R/O Vill.- Musapur, P.S.- Muffasil, Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Bheldi P.S. Case No. 274 of 2024 dated 23.08.2024 registered for the offences punishable u/ss 223, 274, 275 of the Bhartiya Nyaya Sanhita and Sections 30(a), 32, 36 and 47 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1114.56 litres of illicit foreign liquor was recovered from the pick-up van.

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

Patna High Court CR. MISC. No.70100 of 2024(2) dt.30-09-2024 2/2 in this case. The petitioners are not the owner of the seized vehicle. The apprehended person disclosed that the said liquor belonged to the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 24.08.2024.

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 Bheldi P.S. Case No. 274 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T