Patna High CourtCR. MISC./20506/2021bail granted

Rajesh Kumar v. The State Of Bihar

2021-09-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20506 of 2021 Arising Out of PS. Case No.-940 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== RAJESH KUMAR, Son of Jagdish Yadav @ Jagdeesh Yadav R/o village - Rampatti, Ward No.- 08, P.S.- Kumarkhand, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Bimal Kumar Jha, Pawan Kumar, Advocates For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 457.5 litres of liquor was recovered from a pickup van. While other accused persons managed to escape, the petitioner was arrested. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person or vehicle. He was temporarily engaged as a driver. He did not know about the nature of the goods loaded in the van. He is in custody since 12.12.2020 and has no criminal antecedent.

Patna High Court CR. MISC. No.20506 of 2021(2) dt.04-09-2021 2/2 Investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for over 8 months and investigation in the case having concluded, the petitioner is directed to be enlarged on bail in connection with Excise Act Case no. 940 of 2020 (corresponding to Excise Thana Case no. 295 of 2020-21) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II - cum - Special Judge, Excise Act, Madhepura.

(Partha Sarthy, J) Spd/- U T