Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19638 of 2021 Arising Out of PS. Case No.-205 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Rupesh Kumar Son Of Mohan Das Village- Kachahari Tola Ward No. 15, P.S. Alam Nagar, Dist.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dagarua P.S. Case No. 205 of 2020 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that total 231.750 litres of foreign liquor was recovered from an Ertiga Car.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. It is further submitted that the petitioner was the driver of the car and as such was not aware what was being carried in the vehicle. He

Patna High Court CR. MISC. No.19638 of 2021(2) dt.15-11-2021 2/2 further submits that petitioner is in custody since 30.11.2020 and the charge-sheet has been submitted in this case. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 30.11.2020, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnea in connection with Dagarua P.S. Case No. 205 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T