Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3924 of 2023 Arising Out of PS. Case No.-407 Year-2022 Thana- NADI P.S. District- Patna ====================================================== 1.

RAKESH KUMAR S/O UMESH RAY Resident of village- Fatehjangpur, P.S.- Nadi, District- Patna.

2.

MANISH KUMAR S/O AWDESH RAY Resident of village- Fatehjangpur, P.S.- Nadi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor.

The petitioners apprehend their arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

96 liters of country-made liquor has been recovered from E-Rickshaw.

It is submitted on behalf of petitioners that nothing has been recovered from the conscious possession of the petitioners. Petitioners are neither owner nor driver of the said vehicle and they have got no concern with the alleged recovery. Petitioners have got clean antecedent.

Patna High Court CR. MISC. No.3924 of 2023(2) dt.13-04-2023 2/2 Considering the nature of allegation and clean antecedent of petitioners, let the above named petitioners, in the event of their arrest or surrender within a period of six weeks from the date of receipt / production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City (Patna) in connection with Nadi P.S. Case No. 407 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay/- U T