Lalu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1980 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== 1.
Lalu Kumar S/O Sathu Ray R/O Village- Chintamanpur, P.S- Belsar O.P., Distt.- Vaishali.
2.
Ranjeet Kumar S/O Late Nand Kishor Sharma R/O Village- Jatkauli, P.SVaishali, Distt.- Vaishali. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur, Adv.
For the Opposite Party/s :
Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Maharajganj (Excise) P.S. Case No. 53 of 2023 lodged under Sections 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, the total recovery of 1638 liter of illegal wine has alleged to be made which is subject matter of the present case. The said recovery has been made on a truck and petitioners are the driver and Khalasy of the said truck.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.1980 of 2024(2) dt.24-01-2024 2/2 Counsel further submits that petitioners are in custody since 29.10.2023 having clean antecedent.
5. Learned counsel for the State opposes the prayer for bail and submits that recovery has been made from the conscious possession of the petitioners as they were driver and khalasy of the said truck.
6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioners. Therefore, the bail application of the petitioners is hereby rejected.
7. However, liberty is hereby granted to the petitioners that they may renew their prayer for bail after framing of charge.
(Dr. Anshuman, J.) Prakashmani/- U T