Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38094 of 2020 Arising Out of PS. Case No.-555 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== RAKESH KUMAR, Son of Kapil Yadav Resident of Village- Barbigha (Devaria), P.S. and District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Akshya Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-02-2021 Heard Mr. Paras Nath, learned Counsel for the petitioner and Mr. Akshya Lal Pandit, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Excise Case No.743 of 2020, arising out of Jahanabad Police Station Case No. 555 of 2020, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act. The allegation, as per the First Information Report is that an auto-rickshaw was intercepted by the police which was being driven by the petitioner and 158 litres of illicit country-made liquor has been recovered from the said auto-rickshaw. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.38094 of 2020(2) dt.05-02-2021 2/2 the fact that the tempo/ auto-rickshaw was being driven by the petitioner. Learned counsel next submits that petitioner is not owner of auto-rickshaw and was not aware about the illicit liquor being kept by the owner, who had handed over the keyes of autorickshaw to the petitioner for driving. Learned counsel further submits that petitioner is in custody since 28.09.2019 having no criminal antecedent.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is not the owner of the tempo/auto-rickshaw from which illicit liquor has been recovered and he is in custody since 29.09.2019 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Rakesh Kumar, 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 learned Additional Sessions Judge-II, Jehanabad, in connection with Excise Case No.743 of 2020, arising out of Jahanabad Police Station Case No. 555 of 2020.

(Anil Kumar Sinha, J.) sanjeev/- U T