Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84640 of 2023 Arising Out of PS. Case No.-577 Year-2023 Thana- Excise P.S. District- Saran ====================================================== 1.

Rakesh Kumar S/O Late Bhawani Sah Resident Of Village- Saidpur, P.S.- Dariyapur Distt.- Saran At Chapra 2.

Suraj Kumar S/O Shivdani Sah Resident Of Village- Saidpur, P.S.- Dariyapur, Distt.- Saran At Chapra.

3.

Deepak Kumar S/O Mohan Singh Resident Of Village- Saidpur, P.S.- Dariyapur, Distt.- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners prayed for regular bail for the offence punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of recovery 150 liters of illicit liquor from a car and the petitioners have been apprehended on spot. One person who is alleged to be driver-cum-owner of the vehicle, fled away.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.84640 of 2023(2) dt.08-01-2024 2/2 committed no offence. They has falsely been implicated in this present case. They are only passengers of the vehicle. They have no concern with the alleged recovery of illicit liquor rather the driver-cum-owner of the vehicle had fled away. The petitioners have got no criminal antecedent as stated in para-3 of the bail petition and they are languishing in judicial custody since 19.9.2023.

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

6. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sadar Excise P.S. Case No. 577 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chhapra. (Sunil Kumar Panwar, J) Amandeep/- U T