Raushan Kumar Sah @ Rosan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24880 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== RAUSHAN KUMAR SAH @ ROSAN KUMAR SAH SON OF ASHOK KUMAR SAH @ ASHOK SAH R/O - SAHEBGANJ, ITAHARI, P.S.- MURLIGANJ, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the 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 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Allegation is of total recovery of 1991.520 litres of liquor from the vehicles as detailed in the FIR and the vehicle from which the petitioner is alleged to have been arrested 17.280 litres of liquor was recovered.

Learned counsel for the petitioner submits that the petitioner is in custody since 04.03.2022, charge-sheet has been

Patna High Court CR. MISC. No.24880 of 2022(2) dt.20-05-2022 2/2 submitted and is a person with clean antecedent. Learned counsel further submits that petitioner is the driver-cum-owner of the Scorpio vehicle from which 17.280 litres of liquor was recovered and submits that he had parked his vehicle when it appears that behind his back someone kept the said liquor in the vehicle without his knowledge.

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 04.03.2022, charge-sheet has been submitted and is a person with clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Raghopur P.S. Case No. 87 of 2022.

(Satyavrat Verma, J) Kundan/- U T