Ashish Shukla @ Ashish Shukl v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78753 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- BHORE District- Gopalganj ====================================================== 1.

Ashish Shukla @ Ashish Shukl S/o Vijay Shankar Shukla R/o VillageShukul Rarwariya, P.S.- Bhore, District- Gopalganj 2.

Kundan Kumar Manjhi S/o Umesh Manjhi R/o Village- Bairauna, P.S.- Bhore, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Tiwari Mr. Sanjay Kumar Maurya, Advocates For the State :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in connection with Bhorey P.S. Case No. 205 of 2024, for the offence punishable under section 317(5) of B.N.S., 2023 and section 30(a) of the Bihar Prohibition & Excise Act, 2018.

3. The case of the prosecution is that while the police was checking the vehicle intercepted one vehicle which was being driven rashly and was followed by the police for some distance finally dashed the tree beside the road. After this, driver managed to escape, two persons were found in injured condition, they are the petitioners. From the vehicle altogether

Patna High Court CR. MISC. No.78753 of 2024(3) dt.27-01-2025 2/2 261 Litres of country made liquor was recovered.

4. Learned counsel for the petitioners submitted that the petitioners are not concerned with the vehicle or with the alleged liquor. They are only the passengers of the vehicle. They are in custody since 09.08.2024. Petitioner no. 1 has no criminal antecedent whereas petitioner no. 2 has one criminal antecedent in which he is on bail.

5. Learned APP appearing for the state vehemently opposed the prayer for bail.

6. Having heard learned counsel for the parties and 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 Bhorey P.S. Case No. 205 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 Addl. Sessions JudgeXIII- cum Special Judge, Excise-1, Gopalganj. (Ashok Kumar Pandey, J) Ranjeet/- U T