Rajesh Kumar @ Bahubali @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32883 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== RAJESH KUMAR @ BAHUBALI @ CHHOTU KUMAR S/o Hare Ram Singh Resident of- Ward No. 45, Chhoti Aighu, Mohan Eghu, Mohanaigh, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Complaint (Excise) Case No. 100 C2 of 2020 registered under section 30(a) of the Bihar Prohibition of Excise Act, 2016.

As per the complaint, on secret information having been received a raid was conducted. While the six accused persons managed to escape, it is stated that 756 litres of IMFL liquor was recovered.

It is submitted by learned counsel for the petitioner that from perusal of the complaint it would transpire that the petitioner has been falsely implicated in the case as there is no

Patna High Court CR. MISC. No.32883 of 2020(2) dt.08-12-2020 2/2 description as to how he is connected with the offence in question. It is submitted that he has no concern with the alleged seized article and has wrongly been described in the complaint as regularly dealing in IMFL. It is further submitted that prior to lodging of the instant complaint, he has not been made accused in any other case but subsequent thereto he has been falsely implicated in a case. He is in custody since 28.8.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Complaint (Excise) Case No. 100 C2 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) sushma/- U