Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4744 of 2023 Arising Out of PS. Case No.-450 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== RAJA KUMAR Son of Late Harendra Sah Resident of Village- Harpur Bazar, P.S.- Nagar Gopalganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 466.560 liters illicit foreign liquor from a pick up vehicle bearing Registration no. BR01GE2765 which was being driven by the petitioner at the time of occurrence.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.4744 of 2023(2) dt.06-04-2023 2/3 present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. No any incriminating article has been recovered from his conscious possession. There is no independent witness of the alleged occurrence which is violation of section 100 of Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 6.10.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kateya P.S. Case No. 450 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge-cum-Special Judge Excise Court No.I, Gopalganj. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of

Patna High Court CR. MISC. No.4744 of 2023(2) dt.06-04-2023 3/3 Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T