Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68993 of 2023 Arising Out of PS. Case No.-370 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== 1.

Raju Kumar Son Of Shiv Prasad Rai Resident Of Village- Kila Road Near G.G.S College, Ps- Chowk, Dist- Patna 2.

Sanoj Kumar Son Of Late Ram Pravesh Rai Resident Of Village- Kila Road Near G.G.S College, Ps- Chowk, Dist- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 414 of the I.P.C. and section 30(a) of the Bihar Prohibition & Excise Act. According to the FIR, the petitioners are alleged to have been apprehended with two scooty from where, total 240 liters of illicit country made liquor from recovered. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery or with the vehicles in question. No any incriminating article has been recovered from

Patna High Court CR. MISC. No.68993 of 2023(2) dt.03-11-2023 2/2 their conscious possession. The petitioners are languishing in judicial custody since 7.9.2023.

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

The petitioners are directed to deposit a sum of Rs 5,000/- (Five Thousand) each in the District Legal Services Authority of concerned District.

Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Khajekalan P.S. Case No. 370 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Patna City.

The bail bonds of the petitioners shall be accepted by the learned court below on showing separate receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by each petitioner in the account of the concerned DLSA.

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