Rajiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10165 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- EXCISE SIMRAHI District- Supaul ====================================================== Rajiv Kumar Son of Ashok Sah @ Ashok Kumar Sahu Resident of VillageChainpur, Ward No. 3, P.S.-Bhimpur, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shahid Aqubal For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Excise Simrahi P.S. Case No. 111 of 2024 dated 01.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, total 261 litres of illicit Nepali country-made liquor was recovered from the Tempo.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the said vehicle. The petitioner has no concern with the alleged recovery. The
Patna High Court CR. MISC. No.10165 of 2025(2) dt.20-03-2025 2/2 petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Excise Simrahi P.S. Case No. 111 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T