Rajeshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2708 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== RAJESHWAR KUMAR Son of Sitablal Ray Resident of Village- Dullahpur (Mansurpur Haliaya), P.S.- Goraul (Kathara O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Rajapakar P.S. Case No.285 of 2022 dated 16.08.2022 registered for the offences punishable under Sections 30(a) and 32(ii) of the Bihar Prohibition and Excise Act. 3.

The main submissions advanced by the learned counsel for the petitioner are that the recovery of the alleged wine is stated to have been made from an Alto car and in fact earlier the petitioner was the real owner of the said car but on the date of the alleged recovery he was not the owner of the said car as he had sold out the said car on 11.07.2022 to one namely Suraj Kumar in the presence of witnesses but the ownership of the said car was not transferred to the said Suraj

Patna High Court CR. MISC. No.2708 of 2023(2) dt.26-04-2023 2/2 Kumar by the D.T.O. office and in this regard copy of sale agreement has been filed with the petition as Annexure-2 and moreover the petitioner has fair and clean antecedent and has been languishing in jail since 18.08.2022 and against him the investigation has been completed.

4.

Learned APP appearing for the State has opposed the bail prayer.

5.

Considering the above submissions and mainly the petitioner's custody period and also the fact that against him the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Rajapakar P.S. Case No.285 of 2022.

(Shailendra Singh, J) sangam/- U T