Rupesh Kumar @ Doctor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89641 of 2024 Arising Out of PS. Case No.-433 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== 1 .

Rupesh kumar @ Doctor Son of Mohan Mahto @ Mohan Kumar @ Mohan Prasad Resident of Village- Pokhariya Ward no. 3, P.S.- Bairiya, Distt.- West Champaran 2.

Mohan Mahto @ Mohan Kumar @ Mohan Prasad Son of Late Chandrika Mahto Resident of Village- Pokhariya Ward no. 3, P.S.- Bairiya, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raki Alam , Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend arrest in a case registered for the offence punishable under Sections 274, 275 of BNS and Section 30 (a) of Bihar Prohibition and Excise Act. 3 . It is alleged that 75.680 liters of illicit liquor was recovered from behind the house of petitioner.

4. It is submitted that the petitioners are innocent and have falsely been implicated in this case only on the basis of suspicion . No incriminating material has been recovered from the conscious possession of these petitioners and they are no way connected with the aforesaid recovery . Petitioner No. 1 has

Patna High Court CR. MISC. No.89641 of 2024(2) dt.29-01-2025 2/2 got one criminal antecedent of similar nature in which he is on bail and petitioner No. 2 claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition .

6. Considering the facts of the case , in the event of arrest/surrender within six weeks from today, let the petitioners, above named, be released 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 the Learned Exclusive Special Excise Judge-I, Bettiah West Champaran in connection with Bairiya Police Station Case No. 433 of 2024 , subject to the conditions laid down under section 482(2) of the BNSS 2023 . (Prabhat Kumar Singh, J) Koushik/- U T