Rajan Kumar @ Rajan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42677 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- BARUN District- Aurangabad ====================================================== RAJAN KUMAR @ RAJAN SINGH S/O AKSHAY SINGH R/O VILLAGEBISHUNPUR JAPLA, P.S-HUSSAINABAD, DISTRICT-PALAMU (JHARKHAND).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Mukul Kumari, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G.R. No. 241 of 2021 arising out of Barun P.S. Case No. 40 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition of Excise Act, 2016.

The allegation is regarding recovery of 870 litres of illicit liquor from a motorcycle and one Tata Sumo vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 24.02.2021. The learned counsel for the petitioner has submitted by referring to paragraph no. 10 of the present petition that the petitioner is neither the owner nor the driver of the alleged vehicle and was merely sitting in the said

Patna High Court CR. MISC. No.42677 of 2021(2) dt.15-12-2021 2/2 vehicle inasmuch as he had taken a lift from the driver of the said vehicle.

Per contra, the learned counsel 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 neither the owner nor the driver of the vehicle in question and is stated to be languishing in custody since 24.02.2021, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional & Session Judge-(ii)-cumSpecial Judge (Excise), Aurangabad in connection with G.R. No. 241 of 2021 arising out of Barun P.S. Case No. 40 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T