Patna High CourtCR. MISC./35260/2020bail granted

Rajesh Kumar v. The State Of Bihar

2021-01-11Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35260 of 2020 Arising Out of PS. Case No.-272 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== Rajesh Kumar S/o Tejpal Singh R/o 136/6, New Basti, Lallapura, P.S.- T.P Nagar, District- Meerut ( U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar. The petitioner seeks regular bail in connection with Special Excise Case No. 299 of 2020 arising out of Purnea Sadar P.S.Case No. 272 of 2020, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 1800 liters of illicit liquor from a truck and the petitioner is stated to be the driver of the truck. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.35260 of 2020(2) dt.11-01-2021 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 28.07.2020. The learned counsel for the petitioner has submitted that the petitioner is not the owner of the truck and he has been falsely implicated in the present case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is the driver of the truck in question, he is having a clean antecedent and he is languishing in custody since 28.07.2020, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.35260 of 2020(2) dt.11-01-2021 3/3 satisfaction of learned Special Judge (Excise), Purnea in connection with Special Excise Case No. 299 of 2020 arising out of Purnea Sadar P.S.Case No. 272 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T