Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5219 of 2022 Arising Out of PS. Case No.-195 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== Rajeev Kumar S/o Ramnandan Paswan R/o village- Jethuli Kachchi Dargah, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Ms.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Mehendia P.S. Case No. 195 of 2021 corresponding to Excise Case No. 1177 of 2021, registered for the offence punishable punishable under Sections 420, 406, 120(B) of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018.

1002.24 litres of foreign liquor has been recovered from a truck of which this petitioner was driver. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment and has got no concern with the seized liquor. Petitioner is in custody since 13.12.2021 having no criminal

Patna High Court CR. MISC. No.5219 of 2022(2) dt.04-04-2022 2/2 antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged 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 learned Additional Sessions Judge II-cum-Special Judge Excise, Jehanabad in connection with Mehendia P.S. Case No. 195 of 2021 corresponding to Excise Case No. 1177 of 2021. (Prabhat Kumar Singh, J) vinita/- U T