Rajeev Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74785 of 2019 Arising Out of PS. Case No.-320 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Rajeev Choudhary, aged about 23 years, Male, Son of Ramashish Choudhary, Resident of Raghopur Chauhan Tola, P.S. Bakhtiyarpur, District Patna.

2.

Rohit Kumar aged about 22 years, Male, son of Ranjan Yadav, Resident of Nayatola Madhopur, P.S. Bakhtiyarpur, District Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Mishra For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners seek regular bail in connection with Special Case No. 8838 of 2019 arising out of Bakhtiyarpur P.S. Case No. 320 of 2019 registered for the offence punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is that Police intercepted a Vikram Tempo in which five persons including the petitioners were sitting and also recovered a total quantity of 25 liters of illicit liquor from the said Tempo. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.74785 of 2019(2) dt.11-12-2019 2/2 petitioners have got no criminal antecedent. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case inasmuch as the Tempo from where illicit liquor has been recovered does not belong to the petitioners and the petitioners were merely passengers in the said Tempo. Learned counsel further submits that petitioners are in custody since 05.10.2019.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioners have got no criminal antecedent and the Tempo from where illicit liquor has been recovered does not belong to the petitioners, I am inclined to enlarge the petitioners on regular bail. Accordingly, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Spl. Case No. 8838 of 2019 arising out of Bakhtiyarpur P.S. Case No. 320 of 2019.

(Anil Kumar Sinha, J) praful/- U