Patna High CourtCR. MISC./60080/2024bail granted

Rajesh Kumar v. The State Of Bihar

2024-10-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60080 of 2024 Arising Out of PS. Case No.-570 Year-2023 Thana- Excise P.S. District- Madhepura ====================================================== Rajesh Kumar Son of Shivjee Yadav @ Khattar Yadav Resident of village - Bhatrandha, Ward No.- 4, P.S.- Parmanandpur O.P., District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Madhepura Excise P.S. Case No. 570 of 2023 related to Excise Case No. 09 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case related to recovery of 250.125 liters of illicit liquor from a vehicle and the petitioner was arrested by the police on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner and he has no concern with the seized illicit liquor. Moreover, he is languishing in judicial custody since 24.06.2024. Similarly situated co-accused person, namely, Raj Kumar Yadav has already been granted bail by co-

Patna High Court CR. MISC. No.60080 of 2024(2) dt.18-10-2024 2/2 ordinate Bench of this Court in Cr. Misc. No. 83431 of 2023 vide order dated 04.01.2024 and Cr. Misc. No. 26195 of 2024 vide order dated 12.03.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail. Heard learned counsel for the petitioner and learned APP for the State.

6. Considering the aforesaid facts and circumstances of the case and also similarly situated co-accused person, namely, Raj Kumar Yadav has already been granted bail by coordinate Bench of this Court in Cr. Misc. No. 83431 of 2023 vide order dated 04.01.2024 and Cr. Misc. No. 26195 of 2024 vide order dated 12.03.2024. let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - VII - cum - Special Judge, Excise - II, Madhepura in connection with Madhepura Excise P.S. Case No. 570 of 2023 related to Excise Case No. 09 of 2024.

(Ramesh Chand Malviya, J) Mayank/- U T