Raushan Kumar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81316 of 2019 Arising Out of PS. Case No.-596 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

RAUSHAN KUMAR UPADHYAY, aged about 24 years, Male, S/o Surendra Upadhyay, R/o Mahu Dahi, P.S.- Barahara, Distt.- Bhojpur 2.

Deepak Kumar, aged about 22 years, Male, S/o Tuntun Prasad R/o villageBind Toli, P.S.- Ara Nagar, Distt.- Bhojpur ... Petitioners

Versus

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

For the Petitioners :

Mr. Shiv Prasad Gupta, Adv.

For the Opposite Party :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek bail in connection with Ara Nagar P.S. Case No. 596 of 2019 (Excise Case No. 2357 of 2019) registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information of selling the liquor at the house of Ranjeet Yadav in village Bind Tola, the informant, along with other police personnel, reached there. On seeing the police party, three persons started to flee away from the house of Ranjeet Yadav, while two, on chase, were apprehended and one succeeded to flee away. Apprehended persons disclosed their names as Raushan Kumar Upadhyay (petitioner no. 1) and Deepak Kumar (petitioner no.

Patna High Court CR. MISC. No.81316 of 2019(2) dt.14-01-2020 2/2

2) and they also disclosed the name of the person, who succeeded in fleeing away. On search of the house of Ranjeet Yadav 50 liters of country made liquor and 10 bottles beer recovered.

Submission is that the petitioners have falsely been implicated in this case mere on suspicion and both are in custody since 23.11.2019.

Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Ara Nagar P.S. Case No. 596 of 2019 (Excise Case No. 2357 of 2019) to the satisfaction of the Additional Sessions Judge IVcum-Special Judge, Excise Act, Bhojpur at Ara. (Rajendra Kumar Mishra, J) Shamshad/- U T