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Patna High CourtCR. MISC./41592/2021bail granted

Raj Kishor Kumar v. The State Of Bihar

2021-12-16Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41592 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== RAJ KISHOR KUMAR Son of Baidhnath Mahato Resident of Village - Salempur, P.S.- Lalganj, District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise Case No. 83/2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 125.010 liters of illicit liquor from a Hyundai car. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing

Patna High Court CR. MISC. No.41592 of 2021(2) dt.16-12-2021 2/3 in custody since 16.3.2021. The learned counsel for the petitioner has further submitted by referring paragraph no. 8 of the present petition that the petitioner has got no concern with the car in question.

Per contra, 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 learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is not having any concern with the car from which illicit liquor has been seized and he is languishing in custody since 16.3.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and

Patna High Court CR. MISC. No.41592 of 2021(2) dt.16-12-2021 3/3 Sessions Judge-II, Gopalganj in connection with Excise Case No.83/2021.

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