Patna High CourtCR. MISC./44964/2024bail granted

Kashinath Rai v. The State Of Bihar

2024-07-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44964 of 2024 Arising Out of PS. Case No.-1049 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== Kashinath Rai son of Ram Ekbal Rai Village- Sabalpur Navaltola Ps- sonpur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadanand Roy, Advocate For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act 2022 .

3. It is alleged that 750 ml of foreign liquor was recovered from the motorcycle in question .

4. It is submitted that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion . As per F.I.R., it was co-accused Munna Kumar, the driver and Rajneesh Kumar (pillion rider ) of the motorcycle of the petitioner, carrying the illegal liquor with them without the knowledge and consent of this petitioner. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.44964 of 2024(2) dt.25-07-2024 2/2 the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition.

6. Considering the quantity, clean antecedent of the petitioner and other circumstances of the case , in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released 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 Exclusive Special Judge Excise court No. 1 Rohtas at Sasaram in connection with Dehri ( Town) Police Station Case No. 1049 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T