Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33992 of 2020 Arising Out of PS. Case No.-161 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Rakesh Kumar Son of Premlal Ram Resident of Village - Pusa Bhuskaul, P.S. Pusha, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 09.09.2020 in connection with CIS No. 161 of 2020 (Excise), arising out of Complaint Case No. C-1, Case No. 161 of 2020 for the alleged offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 900 litres of foreign liquor from a Mahindra Mini Truck bearing Registration No. BR11GA 0158, of which he is the driver. It is stated that the petitioner is merely the driver of the vehicle in question and has no knowledge about the offending goods being transported in the vehicle and nothing has been recovered from his conscious possession. The petitioner claims clean antecedents.

Patna High Court CR. MISC. No.33992 of 2020(3) dt.03-02-2021 2/2

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 09.09.2020, let the petitioner above named be released on bail on completing six months in custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Court of Special Judge (Excise), Purnea in connection with CIS No. 161 of 2020 (Excise), arising out of Complaint Case No. C-1, Case No. 161 of 2020 , if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T