Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52793 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- VAISALI GRP CASE District- Vaishali ====================================================== RAUSHAN KUMAR Son of Gaya Rai Resident of Village - Bakhari Barai, P.S. - Rajapakar, Dist. - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh ,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-03-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on confidential information having been received 396 litres of IMFL was recovered from the parcel office of the Hajipur Railway station. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. On investigation of the bilty, the name of the accused Amandeep transpired. The name of the petitioner transpired in the confessional statement of co-accused Amandeep made before police. No incriminating article has been recovered from the petitioner's possession who

Patna High Court CR. MISC. No.52793 of 2021(2) dt.11-03-2022 2/2 has been falsely implicated in the case because of his antecedent. He is in custody since 28.6.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the grant of bail to co-accused Amandeep Singh on whose statement the name of the petitioner transpired together with the petitioner having remained in custody for 8 months, the petitioner is directed to be enlarged on bail in connection with Rail Sonepur Hajipur P.S. Case no. 35 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II - cum - Special Judge, Excise Court, Vaishali at Hajipur.

(Partha Sarthy, J) Spd/- U T