Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21798 of 2025 Arising Out of PS. Case No.-398 Year-2024 Thana- BIHIA District- Bhojpur ====================================================== Rajesh Kumar S/o Rampukar Ray R/o Village- Kulesaradih, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Krishna Kant Singh, Advocate For the State :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 2925.360 litres illicit foreign liquor was recovered from the seized truck. Petitioner is alleged to be driver of the truck.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because he happens to be driver of the seized vehicle. Petitioner was unaware of nature of consignment and was only performing his duties as per instructions of his master.
Patna High Court CR. MISC. No.21798 of 2025(4) dt.07-08-2025 2/2 Petitioner is in custody since 22.12.2024. Moreover, chargesheet has already been submitted.
5. On the other hand, learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, nature of accusation and period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-1, Bhojpur, Ara in connection with Bihiya P.S. Case No. 398 of 2024. (Prabhat Kumar Singh, J) shashank/- U T