Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50177 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Rakesh Kumar S/o Balchandra Sharma R/o Village- Damodarpur, P.S.- Kanti, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha, Adv.
For the Opposite Party/s :
Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sadar Excise P.S. Case No. 104 of 2025 dated 26.05.2025 registered for the offences punishable u/ss 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 339.320 litres of illicit foreign liquor was recovered from the Bolero vehicle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle and he has no concern with the alleged
Patna High Court CR. MISC. No.50177 of 2025(2) dt.29-07-2025 2/2 recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Sadar Excise P.S. Case No. 104 of 2025 .
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T