Rishabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35670 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Rishabh Kumar S/O Ramesh Prasad Singh R/O Village- Punama, Ward No. 5, P.S- Navgachhiya, Distt.- Bhagalpur, Present Address C/O Prabhat Kumar, S/O Harihar Prasad, Mohalla- Vidhyadhar, Ward No. 15, P.S- Khagaria, Distt.- Khagaria.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Khagaria P.S. Case No. 121 of 2024, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. As per prosecution case, total 192 liters of Codeine Phosphate and Triprolidine HCL syrup from the room rented by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner is

Patna High Court CR. MISC. No.35670 of 2024(6) dt.07-10-2024 2/2 a person of clean antecedent and is under custody for more than seven months.

5. Learned APP for the State has opposed the prayer for bail.

6.

Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge 1st, Khagaria in connection with Khagaria P.S. Case No. 121 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any case other than the present one, his bail bond shall not be accepted. It is hereby made clear that the criminal antecedent of the petitioner must be verified within one month from the date of receipt of this order. (Nawneet Kumar Pandey, J) priyanka/- U T