Roshan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78192 of 2024 Arising Out of PS. Case No.-304 Year-2024 Thana- JOKIHAT District- Araria ====================================================== 1.

Roshan Thakur Son of Satyendra Thakur Resident of Village - Dhoboli, Ward No.14, Police Station - Dumra, District - Sitamarhi 2.

Raju Tiwari Son of Dindayal Tiwari Resident of Village - Ukhara, Ward No. 2, Police Station - Nanpur, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the State :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Jokihat P.S. Case No. 304 of 2024 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act 2018.

3. As per the prosecution case, 96 litres of illicit liquor has been recovered from the vehicle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are in jail since 31.08.2024 having clean antecedent. He further submits that the petitioners

Patna High Court CR. MISC. No.78192 of 2024(3) dt.11-12-2024 2/3 are ready to donate Rs. 15,000/- (Rupees Fifteen Thousand Only) each in some charitable organization without accepting their guilt.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-2nd, Araria/concerned Court in connection with Jokihat P.S. Case No. 304 of 2024.

7. This is also subject to the condition that the petitioners shall deposit an amount of Rs. 15,000/- (Rupees Fifteen Thousand Only) each in Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce the receipt of the same before the Court below. The bail bonds of the petitioners shall be accepted after verifying the genuineness of the receipt produced by the petitioners.

8. The petitioner no. 1 will also mark attendance in Dumra Police Station, District- Sitamarhi and petitioner no. 2 will mark attendance in Nanpur Police Station, District

Patna High Court CR. MISC. No.78192 of 2024(3) dt.11-12-2024 3/3 Sitamarhi on the first and third Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioners. (Sandeep Kumar, J) P. Kumar U T