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Patna High CourtCR. MISC./24675/2025bail granted

Rajeev Kumar @ Rajeev Kumar Gupta v. The State Of Bihar

2025-04-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24675 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Rajeev Kumar @ Rajeev Kumar Gupta S/o Late Dhaneshwar Prasad Gupta Resident of Village- Vishunpur, PS- Bela, Distt.- Sitamarhi Present Address16 Bazar Len Bhogal, P.s.- Nizamuddin, Distt.- South Delhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard Mr. Adesh Raj Singh, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in connection with Kuchaikote P.S. Case No. 71 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 70.500 litres of foreign liquor was recovered from car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the name of the petitioner has transpired in this case merely

Patna High Court CR. MISC. No.24675 of 2025(2) dt.22-04-2025 2/2 because he happens to be the owner of the vehicle and he had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 22.02.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kuchaikote P.S. Case No. 71 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T