Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79179 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

Basant Kumar S/o- Parmeshwar Das R/o - Lohageer, P.S - Ujiyarpur, District - Samastipur 2.

Hitesh Kumar S/o- Ram Vivek Ray @ Ram Vishekh Ray @ Ram Vishek Ray R/o - Lohageer, P.S - Ujiyarpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-02-2025 Heard learned Counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Bhairavsthan P.S. Case No. 62 of 2024, registered for the offences punishable under Sections 30(A) of Bihar Prohibition and Excise Act, 2022.

3. As per allegation, the informant was engaged in vehicle checking near Naruar Bridge on the basis of secret information. In course of checking, he saw a pick-up Van coming which was loaded with plastic carat with articles. When the police tried to stop the vehicle, they tried to escape but two

Patna High Court CR. MISC. No.79179 of 2024(2) dt.14-02-2025 2/3 persons who was sitting in the van got arrested who disclosed their names as Basant Kumar and Hitesh Kumar. It is alleged that in course of search total 1089 litre foreign liquor was seized from several carats loaded on the vehicle.

4. Learned counsel for the petitioners has submitted that for the allegation of recovery of 1089 litres of foreign liquor, the petitioners are under custody for more than eight months. It has been submitted that although the prayer of bail of the petitioners has been rejected by this Court vide order dated 05.08.2024 in Cr. Misc. No. 53868 of 2024 but the petitioners are renewed their prayer for bail on the ground of their prolonged custody.

5. On the other hand, learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Bhairavsthan P.S. Case No. 62 of 2024, subject to the following condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the

Patna High Court CR. MISC. No.79179 of 2024(2) dt.14-02-2025 3/3 court.

7. Before accepting the bail bond of the petitioners, the learned court below shall verify their criminal antecedent and if it is found that they are involved in any other case except the present one, their bail bond shall not be accepted.

(Nawneet Kumar Pandey, J) Neha/- U T