Rinkesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 35324 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== RINKESH KUMAR S/O MATHURA SHARMA R/O Village-Sahdullahpur, P.S-Lalganj, Dist.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Anirudh Kumar Sinha For the Opposite Party/s :

Mr Md Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Khodawandpur Police Station (for brevity, PS) Case No 260 of 2022 dated 05.09.2022 registered for the offence punishable under Sections 420, 467, 468, 471, 120B of Indian Penal Code and Sections 30 (a), 32 (i) (ii), 36, 41 (i) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, total 5392.44 liters of illicit foreign liquor was recovered from truck, xylo car and pick up

Patna High Court CR. MISC. No.35324 of 2023(2) dt.25-05-2023 2/2 van. The apprehended person namely Shubham Kumar @ Munna disclosed that the petitioner and the other co-accused persons are involved in illegal liquor business. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has three criminal cases, as stated in paragraph 3 of the bail petition, in which he is on bail. He is in custody in this case since 26.04.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court I, Begusarai in Khodawandpur PS Case No 260 of 2022 dated 05.09.2022.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T