Rakesh Jat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17592 of 2023 Arising Out of PS. Case No.-117 Year-2022 Thana- KALER District- Jehanabad ====================================================== Rakesh Jat S/O Narayan Lal Jat R/O Village- Mori Udaypur, P.S- Kheroda, District- Udaypur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 42 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 2376 litres of Indian Made Foreign Liquor from a Truck bearing Registration Number MH-10AW-8777. The petitioner is alleged to be driver of the Truck in question, who along with co-driver Chatar Lal Dangi were apprehended on spot.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.17592 of 2023(2) dt.12-05-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in the present case. The petitioner has been dragged in this case only because he is the driver of the Truck in question. He has no knowledge about the illicit liquor and he has no concern with it. Moreover, the petitioner is languishing in judicial custody since 30.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P. vehemently opposed the prayer of bail and submitted that petitioner is the driver of the truck from which huge quantity of liquor has been seized.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.17592 of 2023(2) dt.12-05-2023 3/3 of the learned Special Judge II, Excise, Jehanabad in connection with Kaler P.S. Case No. 117 of 2022. The petitioner is directed to deposit a sum of Rs. 40,000/-(Rupees Forty Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 40,000/-(Rupees Forty Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T