Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63460 of 2021 Arising Out of PS. Case No.-192 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== RAKESH KUMAR Son of Birendra Chaudhari R/o - Ankodha Tola Bhadai Bathan, P.S.- Daudnagar, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Haspura P.S. Case No. 192 of 2021 for the offence punishable under Section 30(d) of the Bihar Prohibition and Excise Amendment Act, 2018.

Allegation is of recovery of 18600 pieces of wrapper meant for paste on wine bottles from the motorcycle bearing registration no. BR 26S 3791.

Learned counsel appearing on behalf of the petitioner submits that nothing has been recovered from the conscious

Patna High Court CR. MISC. No.63460 of 2021(5) dt.20-04-2022 2/2 possession of the petitioner. Petitioner has no concern with the seized article nor he is engaged in any trade of liquor. He has clean antecedent and is in custody since 24.09.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner. He submits that the trade of illicit liquor is rampant in the State of Bihar. All these innocent persons are involved in the illicit trade of liquor just to earn easy money in absence of any employment. The State of Bihar is at the bottom of poverty. Such persons are misdirected in want of any proper procedure or in want of proper agency to stop them to enter into the world of trade of illicit liquor. Mr. Vikash Kumar, SC-11 informs this Court that a report has already been submitted before the concerned authority.

The provisional bail granted to the petitioner vide order dated 30.03.2022 is confirmed on same terms and conditions.

Accordingly, the present application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T