Rajeev Kumar @ Rajeev Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52968 of 2022 Arising Out of PS. Case No.-257 Year-2018 Thana- SURYAGARHA District- Lakhisarai ====================================================== Rajeev Kumar @ Rajeev Kumar Mahto S/o Late Munna Mahto Resident of Jgir Muhalla, P .s. Town Thana Begusarai, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Adv. with Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Surajgarha P.S. Case No. 257 of 2018 lodged under Sections 279, 427, 420, 468 of the I.P.C. read with Section 30(a), 32(ii) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the total recovery of 16.500 litres of foreign liquor has been made from the vehicle Celerio.

Learned counsel for the petitioner submits that petitioner has not apprehended from the place of occurrence. He

Patna High Court CR. MISC. No.52968 of 2022(2) dt.20-10-2022 2/2 submits that his name has figured in this case only due to the reason that he is the owner of the vehicle. He further submits that the petitioner has given his said vehicle to his friend on pretext of some emergency for 2 days only. In the meantime, this occurrence took place. Counsel for petitioner submits that he is in custody since 05.06.2022, charge sheet has already been filed in this case. On the point of his criminal antecedent, learned counsel submits that there is one criminal case pending against the petitioner in which he is on bail and the said case is not related to excise matter.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned IV Cum Special Judge-1, Prohibition and Excise Act, 2016 Lakhisarai in connection with Surajgarha P.S. Case No. 257 of 2018, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T