Patna High CourtCR. MISC./15892/2024bail granted

Rakesh Kumar v. The State Of Bihar

2024-03-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15892 of 2024 Arising Out of PS. Case No.-1370 Year-2023 Thana- Excise P.S. District- Jamui ====================================================== Rakesh Kumar Son of Nebu Singh @ Negu Singh Resident of VillageAmbala Dih, P.S. -Puruliya, Dist. -Puruliya (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with JAM P.S. Case No. 1370 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the petitioner has been arrested by Excise police with 1701 liters English wine in course of vehicle checking from his grey colour Ashok Leyland Vehicle bearing no registration number.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is driver of the allege vehicle but has no concern

Patna High Court CR. MISC. No.15892 of 2024(2) dt.06-03-2024 2/2 with either with the vehicle or liquor seized by the police. The petitioner was not aware of the contents of the material loaded in the alleged vehicle and was simply obeying the instruction of the owner of the vehicle. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 19.10.2023. Charge-sheet has been submitted in this case.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, 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 JAM P.S. Case No. 1370 of 2023.

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