Ajeet Kumar @ Ajit Kumar v. The State of Bihar

====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Jainendra Kumar Pushkar, Advocate Ms. Shaheen Begum, APP ORAL ORDER 2 02-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Patna Excise P.S. Case No. 167 of 2024, instituted for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that, 60 liters liquor was recovered from scooty and the petitioners were apprehended on spot.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered Patna High Court CR. MISC. No.24349 of 2024(2) dt.02-04-2024 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the petitioners are not the owner of the seized vehicle in question. The petitioners are in custody since

03.02.2024 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

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.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patna Excise P.S. Case No. 167 of 2024. Rajorshi/- U T (Rudra Prakash Mishra, J)