Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3246 of 2024 Arising Out of PS. Case No.-794 Year-2023 Thana- MALSALAMI District- Patna ====================================================== 1.

SHANKAR RAI SON OF LATE NANDA RAI RESIDENT OF VILLAGE - RANIPUR HAJARI TOLA (MORCHA), P.S. - MEHDIGANJ, DISTRICT - PATNA 2.

MAHAVIR KUMAR YADAV @ MAHABIR YADAV @ MAHABIR RAI SON OF VIJAY YADAV RESIDENT OF VILLAGE - MORCHA ROAD, P.S. - CHOWK, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are in custody since 02.12.2023 in connection with Malsalami P.S. Case No. 794 of 2023 registered for the offence punishable under Sections 30(a)/37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 160 of illicit liquor.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case merely on the basis of suspicion. He further submits that the petitioners have no concern with the alleged recovery of illicit liquor. The

Patna High Court CR. MISC. No.3246 of 2024(2) dt.31-01-2024 2/2 petitioners have no criminal antecedents.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, let the petitioners above named 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 learned Exclusive Special Court, Excise, Patna City, Patna in connection with Malsalami P.S. Case No. 794 of 2023. (Sandeep Kumar, J) Saif/- U T