Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4522 of 2025 Arising Out of PS. Case No.-318 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Rajesh Kumar S/o Surendra Ray R/o Village- Ajana, PS- Kalyanpur, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Roy, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Kalyanpur PS Case No. 318 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 134.25 foreign liquor was recovered from three Motorcycles, Scooty and Car.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that apprehended co-accused person disclosed the name of the
Patna High Court CR. MISC. No.4522 of 2025(2) dt.24-01-2025 2/2 petitioner. It is further submitted that all seized vehicles in question do not belong to the petitioner. The petitioner is in custody since 23.09.2024 and has got four criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur PS Case No. 318 of 2023.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T