Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79717 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== 1.

ROHIT KUMAR S/O RADHESHYAM MANDAL R/O VILLAGESINGARPUR, SADAR, PS. SURAJGARHA,DIST. LAKHISARAI. 2.

RANJAY KUMAR S/O PAPPU SINGH R/O VILLAGE- SINGARPUR, SADAR, PS. SURAJGARHA,DIST. LAKHISARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 168 liters country made liquor from three bags which were loaded on e-rickshaw and the petitioners were also apprehended on the spot.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They falsely been implicated in

Patna High Court CR. MISC. No.79717 of 2023(2) dt.11-12-2023 2/2 this present case. The petitioners have no concern with the alleged recovery nor they were driver or owner of the alleged e-rickshaw they were merely passengers of the alleged vehicle. No any incriminating article has been recovered from conscious possession of the petitioners. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are is languishing in judicial custody since 08.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bannubagicha P.S. Case No. 30 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-V-cum Special Excise CourtII, Lakhisarai. (Sunil Kumar Panwar, J) manishkumar/- U T