Rajdeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39550 of 2021 Arising Out of PS. Case No.-263 Year-2020 Thana- DIDARGANJ District- Patna ====================================================== RAJDEO KUMAR S/o Niranjan Singh Resident of Village- Sonma, Sonawan, Police Station- Didarganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-01-2022 Heard.

The petitioner seeks regular bail in connection with Special Case No. 7286 of 2020 (arising out of Didarganj P.S. Case No. 263 of 2020), registered for the offence punishable under sections 30(a)/36 of the Bihar Prohibition and Excise Amendment Act, 2016.

The police, upon secret information, is stated to have arrived at the alleged place of occurrence where they had arrested three persons including the petitioner herein and upon search being made, various quantities of illicit liquor were recovered from the said arrested accused persons

Patna High Court CR. MISC. No.39550 of 2021(2) dt.28-01-2022 2/3 and as far as the petitioner is concerned, 6 liter of illicit country made liquor was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 15.12.2020. The learned counsel for the petitioner has further submitted that the petitioner has been implicated in the present case merely on suspicion and in fact, no illicit liquor has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has already been suitably punished on account of the period of custody already undergone.

Per contra, Mr. Ashok Kumar, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the period of incarceration of the

Patna High Court CR. MISC. No.39550 of 2021(2) dt.28-01-2022 3/3 petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 7286 of 2020 (arising out of Didarganj P.S. Case No. 263 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T