Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51600 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- DIDARGANJ District- Patna ====================================================== RAJA KUMAR S/o NARESH YADAV R/o MOHALLA-DIDARGANJ WARD No.72, P.S-DIDARGANJ, DISTRICT-PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Didarganj P.S. Case No. 95/2020 registered for the offence punishable under Section 414 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation, as per the First Information Report, is that the Police got a secret information that the petitioner along with other accused persons have brought consignment of illicit liquor from Diyara by boat and are loading the same in a vehicle, proceeded towards the place

Patna High Court CR. MISC. No.51600 of 2021(2) dt.15-04-2022 2/3 of occurrence and upon seeing the Police party, the accused persons fled away. However, the Police recovered 300 litres of illicit liquor from the Alto Car and two tempos parked over there.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case on disclosure of his name by co-accused. He further submits that other co-accused person has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 24538 of 2020. The petitioner is in custody since 27.5.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused person has been granted bail by a coordinate Bench of this Court, the petitioner is in custody since 27.5.2021 having no criminal antecedent and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of

Patna High Court CR. MISC. No.51600 of 2021(2) dt.15-04-2022 3/3 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Didarganj P.S. Case No.95/2020 (Spl. Case No. 3308 of 2020).

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