Patna High CourtCR. MISC./73193/2024bail granted

Rakesh Kumar v. The State Of Bihar

2024-10-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73193 of 2024 Arising Out of PS. Case No.-707 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

Rakesh Kumar S/o- Late Vijay Yadav Vill- Raili Lemuabad Ward No- 05, PS- Pandarak Dist-Patna 2.

Ajit Rajak Son of Late Pannu Lal Rajak Village- Rajapur Mainpura PsPatliputra Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 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 Excise P.S. Case No. 707 of 2024 dated 09.09.2024 registered for the offences punishable u/ss 30(a), 32(1) (3) and 41 (1)(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 146.880 litres of illicit foreign liquor was recovered from the car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the driver and the

Patna High Court CR. MISC. No.73193 of 2024(2) dt.08-10-2024 2/2 petitioner no. 2 is the co-passenger of the said vehicle. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 10.09.2024.

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, Kaimur at Bhabhua in connection with Excise P.S. Case No. 707 of 2024.

7. The application stands allowed.

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