Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43923 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== Raushan Kumar Son of Ajay Rai @ Ajay Prasad Yadav Resident of village - Lawapur Mahnar, Police Station - Mahnar, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Mahnar P.S. Case No. 280 of 2023, registered under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 32(ii)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 4876.965 liters liquor was recovered from truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the petitioner is neither owner nor driver of the truck in

Patna High Court CR. MISC. No.43923 of 2024(2) dt.28-06-2024 2/2 question and name of the petitioner has transpired on the basis of confessional statement of co-accused person which has no evidentiary value. The petitioner has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted anticipatory bail by this Court vide order dated 10.04.2024 passed in Cr. Misc. No. 86366 of 2023 and Cr. Misc. No. 14813 of 2024. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahnar P.S. Case No. 280 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T