Raushan Rai @ Kiran Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20853 of 2020 Arising Out of PS. Case No.-208 Year-2020 Thana- ARARIA District- Araria ====================================================== RAUSHAN RAI @ KIRAN MAHTO Son of Prem Nath Mahto Resident of Village - Purnia Kalisthan, Argara Chowk P.S.- K.Hat, District- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-06-2020 Learned Counsel for the petitioner is directed to remove all the defects, as pointed out by the Stamp Reporter, within a period of eight weeks from today.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Araria (Bairgachhi) Police Station Case No. 208 of 2020, registered for the offences punishable under Sections 30 (a)/38 of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner is that the police intercepted white-coloured Tata Magic vehicle and recovered 891 litres of illicit liquor kept under the bags of paddy husk. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20853 of 2020(2) dt.23-06-2020 2/2 petitioner has not committed any offence in the manner alleged inasmuch as the petitioner is a professional driver and he was hired by co-accused persons, namely, Bablu Kumar and Vikash Kumar, on payment, for plying the vehicle to Purnea, but the same has been intercepted by the police between Purnea and Kishanganj, at Araria. He further submits that the petitioner has got no criminal antecedent and he is in judicial custody since 10.03.2020.

After having heard learned Counsel for the parties and taking into consideration the facts that the petitioner claims to be the driver of the vehicle in question and he is having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Araria, in connection with Araria (Bairgachhi) Police Station Case No. 302 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √