Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17547 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Rajesh Kumar Son Of Late Janardan Thakur R/O-Amapur, P.S.-Kahalgaon, Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Naugachhia P.S. Case No. 336 of 2023 instituted for the offences under Sections 30(a), 32(ii) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered altogether 262.125 liter illegal foreign liquor from the dicky of a Blue Hyundai (Verna) car bearing Regd. No. WB-06D3759.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.17547 of 2024(2) dt.11-03-2024 2/3 alleged against him and has falsely been implicated in the present case. The petitioner is neither owner nor driver of the alleged car/vehicle. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor or the vehicle, in question. The petitioner was not aware of the contents of the material loaded in the alleged car. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 09.10.2023. The charge-sheet has been submitted against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,

Patna High Court CR. MISC. No.17547 of 2024(2) dt.11-03-2024 3/3 let the petitioner, abovenamed, 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 Naugachhia P.S. Case No. 336 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T