Raja Kumar @ Raja Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43856 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- MALI District- Aurangabad ====================================================== RAJA KUMAR @ RAJA PASWAN Son of Mithlesh Paswan Resident of Village - Kachanpur, P.S. - Chatarpur, District - Palamu (jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard Ms. Rupa Kumari, learned counsel for the petitioner and Mr. Rajesh Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Mali P.S. Case No. 35/2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the First Information Report 152 litres of illicit country made liquor was recovered from the car which was being driven by the petitioner.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and at the time of search, the car was being driven by the petitioner and he was not aware about the illicit liquor being kept therein by its owner or

Patna High Court CR. MISC. No.43856 of 2021(2) dt.04-02-2022 2/2 others. She further submits that the petitioner is in custody since 9.4.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent, he is in custody since 9.4.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, 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.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II - cum Special Judge (Excise), Aurangabad, in connection with Mali P.S. Case No. 35/2021.

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