Rajesh Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19238 of 2020 Arising Out of PS. Case No.-166 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Rajesh Vishwakarma, S/o Achchhelal Vishwakarma R/o Village- Kahdaura, P.S.- Gambhirpur, District- Azamgarh (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-06-2020 Heard Mr. Tribhuwan Narayan, learned Advocate for the petitioner and APP for the State. The petitioner seeks bail in connection with Excise Case No. 510 of 2019, arising out of Ramgarh P.S. Case No. 166 of 2019 dated 16.07.2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. On secret information that liquor is being transported in a vehicle coming from the side of Uttar Pradesh, a raid was conducted and the vehicle in question was intercepted. The driver of the vehicle managed to run away. From the vehicle, huge quantity of liquor bottles were recovered.

The petitioner has neither been named in the FIR nor anything has been recovered from his

Patna High Court CR. MISC. No.19238 of 2020(2) dt.03-06-2020 2/2 possession. He claims to have been arrested only on suspicion. The suspicion in the mind of the police authority arose because a receipt was found in the car which disclosed that petrol was purchased through HDFC card belonging to the petitioner.

It has been submitted on behalf of the petitioner that the receipt is dated 15.07.2019 but the vehicle was intercepted on 16.07.2019. The petitioner denies to be either the owner or the driver of the car. Regard being had to the nature of accusation against the petitioner and his period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- 3rd cum Special Judge, Excise, Kaimur in connection with Excise Case No. 510 of 2019, arising out of Ramgarh P.S. Case No. 166 of 2019.

(Ashutosh Kumar, J) krishna/- U T