Patna High CourtCR. MISC./77316/2023allowed

Raghvendra Kumar @ Raja Bharti v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77316 of 2023 Arising Out of PS. Case No.-443 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Raghvendra Kumar @ Raja Bharti Son Of Shambhu Giri R/O Vill - Jamaheta, P.S. - Fatehpur, Distt. - Gaya 2.

Santosh Kumar @ Gabbar Kumar Son of Raja Ravidas @ Rajo Ravidas @ Raja Ravidas R/o vill - Jamaheta, P.S. - Fatehpur, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 350 litres of illicit country made liquor from a Bolero vehicle.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.77316 of 2023(2) dt.06-12-2023 2/2 petitioners. The petitioners were only the passengers of the vehicle in question and they have no concern either with the seized Bolero vehicle or the illicit liquor. The petitioners are languishing in custody since 18.07.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. V, Gaya in connection with Wazirganj P.S. Case No. 443 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T