Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51161 of 2024 Arising Out of PS. Case No.-552 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Raju Kumar (M), aged about 20 years, S/o Naresh Singh, R/o vill - More Dihari, P.S. - Jamhore, Distt. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-08-2024 Heard Mr. Ashok Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Mohammad Sufyan, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. 552/24 registered for the offence(s) punishable under Sections 30(a)/32(3) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 10 litres of illicit liquor was recovered from a motorcycle, belonging to the petitioner.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that during investigation, petitioner has been made
Patna High Court CR. MISC. No.51161 of 2024(2) dt.21-08-2024 2/3 accused being the owner of the said motorcycle. Admittedly, at the time of the alleged seizure and recovery of illicit liquor, petitioner was not present and the said motorcycle was being driven by co-accused Rahul Kumar who is brother-in-law of the petitioner and petitioner had no idea that that his brother-in-law and one other co-accused were carrying liquor on the said motorcycle. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court-II, Aurangabad in connection with Excise P.S. Case No. 552/24, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will
Patna High Court CR. MISC. No.51161 of 2024(2) dt.21-08-2024 3/3 automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T