Rajat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57245 of 2024 Arising Out of PS. Case No.-247 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Rajat Kumar S/O Anil Kumar Singh Resident of Village- Chitrauli, P.SGoraul, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Pratima Kumari, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Goraul PS Case No. 247 of 2024 instituted for the offences under Sections 30(a), 32(ii) & 41(i) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 214.56 liters country made liquor was recovered from one Maruti Suzuki LX Alto Car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.57245 of 2024(2) dt.21-08-2024 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner is neither the owner nor the driver of the vehicle in question. The petitioner is in custody since 01-07-2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner 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 Court below/concerned Court in connection with Goraul PS Case No. 247 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T