Patna High CourtCR. MISC./40717/2018allowed

Rakesh Kumar And ORS v. The State Of Bihar

2018-07-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40717 of 2018 Arising Out of PS. Case No.-377 Year-2018 Thana- JAHANABAD District- Jehanabad ======================================================

1. Rakesh Kumar son of late Surendra Yadav resident of village Lakshu Bigha, P.S. Parasbigha, District Jehanabad.

2. Jitendra Kumar son of Bachan Yadav @ Ram Bachan Yadav resident of village Dhibrapar (Megharia) P.S. Parasbigha, District Jehanabad.

3. Ranjeet Kumar son of Sri Shobhi Rajak resident of Mohalla Malahchak, P.S. & District Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody since 14.05.2018 in connection with Jehanabad P.S. Case No. 377 of 2018, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. Learned counsel for the further submits that petitioner No.1, is the driver of the Auto and other two petitioners are the passengers of the vehicle. Learned counsel for the petitioners submits that petitioner No.1 being the driver was not aware of the fact that in the plastic Gallon liquor

Patna High Court Cr.Misc. No.40717 of 2018(2) dt.10-07-2018 2/2 was kept whereas petitioners No.2 and 3 being co-passengers have no knowledge about carrying country made liquor in the said Auto.

Considering the fact that the petitioners have no criminal antecedent and they have remained in custody nearly two months, let the petitioners named above are directed to be released on bail 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 2nd Additional District & Sessions Judge, Jehanabad in connection with Jehanabad P.S. Case No. 377 of 2018.

(Anil Kumar Upadhyay, J) banti/-T.Kr.