Patna High CourtCR. MISC./22464/2023bail granted

Rabin Kumar v. The State Of Bihar

2023-05-11Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22464 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== Rabin Kumar, S/o Ram Pukar Ray, R/o Vill-Angar Ghat, P.S.-Angar Ghat, Dist.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No-II, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Barhiya P.S. Case No. 31 of 2023 dated 10.02.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 1263.600 litres of Indian made foreign liquor and the same is stated to have been recovered from three vehicles and petitioner is concerned to Bolero pick-up van which was one of the seized vehicles but in actual at the time of recovery of the alleged wine the petitioner was present in the alleged

Patna High Court CR. MISC. No.22464 of 2023(2) dt.11-05-2023 2/2 vehicle in the capacity of co-driver and he is neither owner nor driver of any of the seized vehicles and he had no knowledge about the loaded wine and he has fair and clean antecedent and has been languishing in jail since 11.02.2023 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and his young age as well as completion of investigation against him, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Barhiya P.S. Case No. 31 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T