Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32757 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== RAJU KUMAR S/o Late Ritlal Rai Resident of Gardania Chowk, Ward No.35, P.S.-Nagar Thana, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2020 Heard Mr. Satish Kumar Sinha, learned counsel for the petitioner and Mr. Nagendra Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Agamkua P.S. Case No. 19 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the prosecution report is that the Excise officials intercepted a car driven by the petitioner and recovered a total quantity of 86.700 litres of illicit foreign liquor from dickey of the said car.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.32757 of 2020(2) dt.08-12-2020 2/2 petitioner has got no criminal antecedent and he has falsely been implicated in this case merely on the basis of the fact that he was driver of the car in question. Learned counsel further submits that petitioner is not owner of the car and being a driver, he was not aware about the illicit liquor being kept in the dickey of the car. Learned counsel also submits that petitioner is in custody since 10.6.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner has got no criminal antecedent and he is in custody since 10.06.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Agamkua P.S. Case No. 19 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T