Rajesh Kumar Ray @ Rajesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49140 of 2021 Arising Out of PS. Case No.-168 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== Rajesh Kumar Ray @ Rajesh Ray S/o- Tekno Ray Resident of VillageKoylakund Pachheyari Tole, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Jhanjharpur P.S. Case No. 168 of 2021, registered for the offence punishable punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code and sections 30(a), 36 and 41(I) of the Bihar Prohibition and Excise Act, 2018.

5295.240 litres of foreign liquor has been recovered from a truck of which this petitioner was driver and apprehended on the spot.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment which was being transported by the vehicle in

Patna High Court CR. MISC. No.49140 of 2021(2) dt.24-11-2021 2/2 question. Petitioner claims clean antecedent and he is in custody since 11.07.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete. Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Madhubani in connection with Jhanjharpur P.S. Case No. 168 of 2021. (Prabhat Kumar Singh, J) vinita/- U T