Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22795 of 2022 Arising Out of PS. Case No.-228 Year-2021 Thana- AURAI District- Muzaffarpur ====================================================== RAJESH KUMAR S/o Late Baijnath Ray Resident of Village - Halimpur Aurai, P.S.- Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Punam Shrivastava, Advocate For the Opposite Party/s :

Ms. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 26.12.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 40 litres of liquor from a Jute Sack.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case.

Patna High Court CR. MISC. No.22795 of 2022(2) dt.06-05-2022 2/2 Petitioner was a passerby and came to be implicated when the search of the thrown Jute Sack was made.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 26.12.2021, is a person with clean antecedent and chargesheet has been submitted, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Aurai (Muzaffarpur) P.S. Case No. 228 of 2021.

(Satyavrat Verma, J) Kundan/- U T