Raj Kumar @ Rajkumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90101 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Raj Kumar @ Rajkumar S/O Jagdesh @ Jagdish @ Jagdish Karontha R/O Village- Karouya (Karountha), P.S- Sadar Rohtak, District- Rohtak (Haryana).

2.

Sundar Singh @ Sunder Singh S/O Nafe Singh R/O Village- Gopalpur, P.SKharkhoda (Kharkhaunda), Distt.- Sonipat (Haryana). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, 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 Excise Sadar Bhojpur PS Case No. 237 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 315 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

Patna High Court CR. MISC. No.90101 of 2024(2) dt.16-01-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver and petitioner no. 2 is the co-driver of the vehicle and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 14.11.2024 and has got no 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, clean antecedent of the petitioners 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 Excise Sadar Bhojpur PS Case No. 237 of 2024.

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