Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9584 of 2025 Arising Out of PS. Case No.-277 Year-2024 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Rakesh Kumar Son of Parmanand Singh Resident of Village -Kanara Hardas, P.O. -Sarfuddinpur, P.S.- Bochahan, District -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priyadarshni Kumari, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mohammadpur PS Case No. 277 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 759.6 litres of foreign liquor was recovered from Tempo and Verna 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

Patna High Court CR. MISC. No.9584 of 2025(2) dt.20-02-2025 2/2 that the name of the petitoner has transpired as being owner of the Tempo bearing Registration No. BR06GG-1419 and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 06.01.2025 and has got no criminal antecedent. 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, clean antecedent of the petitioner 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mohammadpur PS Case No. 277 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T