Patna High CourtCR. MISC./79852/2024bail granted

Sumant Kumar v. The State Of Bihar

2024-11-29Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79852 of 2024 Arising Out of PS. Case No.-389 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== 1.

Sumant Kumar Son of Surendra Singh Resident of Village - Raghunathpur, P.S. - Karakat, District - Rohtas 2.

Bittu Kumar Son of Surendra Singh Resident of Village - Raghunathpur, P.S. - Karakat, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Karakat P.S. Case No. 389 of 2024 dated 24.07.2024, instituted for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The allegation is of recovery of 25 litres country made liquor from Motorcycle bearing Registration No. BR45F9308.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Learned counsel for the petitioners submits that the said motorcycle belongs to one Raju Thakur who has been granted

Patna High Court CR. MISC. No.79852 of 2024(2) dt.29-11-2024 2/2 Anticipatory Bail vide order dated 23.10.2023 passed by this Court in Criminal Miscellaneous No. 71598 of 2024. Learned counsel for the petitioners further submits that nothing has been recovered from the conscious possession of the petitioner or from his house. The said recovery has been made from the buckets near Kali Temple which does not belongs to the petitioners. The petitioners have no concern with the said recovery. Lastly, it has been submitted that the petitioners are in custody since 24.07.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon 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 Court No. 1, Rohtas at Sasaram in connection with Karakat P.S. Case No. 389 of 2024.

(Khatim Reza, J) premchand/- U T