Patna High CourtCR. MISC./32239/2024allowed

Rajeev Kumar v. The State Of Bihar

2024-05-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32239 of 2024 Arising Out of PS. Case No.-76 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== Rajeev Kumar Son of Late Kailash Singh @ Late Bhuttu Singh R/O Vill.- Sahdullahpur, P.S.- Ganga Bridge, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 1816.200 liters of I.M.F.L from the Banana orchard. Co-accused Gayan Choudhary has been apprehended on spot, who disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and he has no concern with the alleged occurrence. The petitioner was not

Patna High Court CR. MISC. No.32239 of 2024(2) dt.16-05-2024 2/2 apprehended on spot. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 15.05.2023 in Cr. Misc. No. 8336 of 2023. Moreover, the petitioner is languishing in judicial custody since 28.03.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ganga Bridge P.S. Case No. 76 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1cum-Additional District and Sessions Judge, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Shubham/- U T