Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72918 of 2022 Arising Out of PS. Case No.-355 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

RAJEEV KUMAR SON OF LATE RAM SAGAR RAI R/O VILLAGESHANKAR ROHAR, P.S.- BAHERI, DISTRICT- DARBHANGA 2.

MUNCHUN KUMAR SON OF LATE SATYA NARAYAN @ SANTO CHOUDHARY R/O VILLAGE- CHAK HUSAINI, P.S.- MANSI, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek regular bail in connection with Naugachia P.S. Case No. 355 of 2022, registered for the offences punishable under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 99.750 litres of illicit foreign liquor from a dicky of a vehicle and the petitioners were arrested from the spot.

The learned counsel for the petitioners have submitted that the petitioners are innocent, they have been falsely implicated in the present case, are having a clean antecedent and they are

Patna High Court CR. MISC. No.72918 of 2022(2) dt.10-02-2023 2/2 languishing in custody since 14.11.2022.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to admit the petitioners to the privilege of bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned XII Additional District and Sessions Judge-cum-Special Judge, Exclusive Court No.2, Bhagalpur, District-Bhagalpur in connection with Naugachia P.S. Case No. 355 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T