Patna High CourtCR. MISC./75091/2024bail granted

Abhishek Munda v. The State Of Bihar

2024-10-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75091 of 2024 Arising Out of PS. Case No.-818 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== 1.

Abhishek Munda Son of Kalachand Munda Resident of Village - Nawadih, P.S. - Barlanga, District - Ramgarh (Jharkhand) 2.

Rajesh Bediya Son of Kunvar Singh Resident of Village - Jonha Dimra, P.S. - Sikindiri, District - Ranchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition of Excise Amendment Act, 2018 and Sections 41(1) and 41(2) of the Excise Act, 2016.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are in custody since 23.08.2024 and allegation is of recovery of 350 litres of spirit from Tata Zest Car.

4. The learned counsel for the petitioners submits that petitioners are not the owner of the seized vehicle and they were

Patna High Court CR. MISC. No.75091 of 2024(2) dt.18-10-2024 2/2 apprehended as petitioner no.1 was driving the vehicle and petitioner no.2 was found sitting in the vehicle, but then, they were completely unaware that liquor was kept in the vehicle.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioners, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge of Excise-II, Aurangabad in connection with G.R. No.1440 of 2024 arising out of Excise P. S. Case No.818 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T