Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9700 of 2023 Arising Out of PS. Case No.-540 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== RAJU KUMAR S/O Ganauri Yadav R/O Village- Badhai Tola, Masaurhi, P.SMasaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Sherghati (Dobhi) P.S. Case no. 540 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 228 liters liquor from a vehicle bearing registration no. BR01GG-8426 and the petitioner is said to be owner of the alleged vehicle. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The petitioner is only

Patna High Court CR. MISC. No.9700 of 2023(2) dt.18-04-2023 2/3 owner of the seized vehicle but he has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 6.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the vehicle from where the recovery has been made belongs to this petitioner. The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati (Dobhi) P.S. Case No. 540 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-cum-Exclusive Special Excise Judge, Court No.02, Gaya.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs.

Patna High Court CR. MISC. No.9700 of 2023(2) dt.18-04-2023 3/3 20,000/- (Rs. Twenty thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T