Rana Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57244 of 2023 Arising Out of PS. Case No.-294 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Rana Kumar S/O- Late Devnandan Paswan Village- Jatkauli Ward no.-4, P.S. District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.The petitioner apprehends his arrest in connection with Vaishali P.S. Case No. 294 of 2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, there is recovery of 23.760 litres foreign liquor from Bhoskhar of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has falsely been implicated in this case. It is submitted that no recovery has been made from the conscious possession of the petitioner. Petitioner was neither present at the place of recovery nor the seized prohibited liquor belongs to the petitioner. The
Patna High Court CR. MISC. No.57244 of 2023(2) dt.31-08-2023 2/2 petitioner has no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, let the petitioner above named be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Exclusive Special Excise Court No. II -Cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 294 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) shweta/- U T