Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89993 of 2024 Arising Out of PS. Case No.-818 Year-2024 Thana- Excise P.S. District- Gopalganj ====================================================== 1.

Ravindra Kumar S/o Harishankar Rai R/o Vill- Turkey Kharary Tola Theda, P.S.- Minapur, District- Muzaffarpur 2.

Haribansh Ram S/o Soneral Ram R/o Vill- Bhav Chhapra, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rishi Sinha, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Gopalganj Excise PS Case No. 818 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 144 litres of foreign liquor was recovered from Car. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.89993 of 2024(2) dt.16-01-2025 2/2 submitted that petitioners are neither the owner nor the driver of the seized vehicle. The petitioners are in custody since 25.10.2024. Petitioner no. 1 has got no criminal antecedent and petitioner no. 2 has one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gopalganj Excise PS Case No. 818 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T