Patna High CourtCR. MISC./58685/2024bail granted

Raju Kumar v. The State Of Bihar

2024-08-31Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58685 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Raju Kumar, Male, aged about 19 years, S/o Mahavir Chaudhary, R/o VillageDidarganj, P.S. -Didarganj, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manish Rai Sharma, Advocate For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Buxar (Ind) P.S. Case No. 132 of 2024 dated 21.06.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 513.5 litres of illicit foreign liquor was recovered from the Scorpio car, 84 litres of beer was recovered from the Indigo car and total 351.9 litres of illicit foreign liquor was recovered from the Honda City

Patna High Court CR. MISC. No.58685 of 2024(2) dt.31-08-2024 2/3 car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that 84 litres of beer was recovered from the Indigo Car bearing Registration No. BR01BM7463 on which the petitioner and other two co-accused Hani Kumar and Srikantabh Kumar were sitting. It is further submitted that the alleged 84 litres of beer and the Indigo Car does not belong to the petitioner. The petitioner is neither the owner nor the driver of the vehicle in question rather he was a co-passenger of the said vehicle in question. He had no knowledge regarding the alleged liquor kept in the vehicle in question. The petitioner has no concern with the alleged offence. The other co-accused Manish Kumar has already been granted bail by a Bench of this Court vide Cr. Misc. No. 55655 of 2024 under order dated 22.08.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 22.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above

Patna High Court CR. MISC. No.58685 of 2024(2) dt.31-08-2024 3/3 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.-Ist, Buxar in connection with Buxar (Ind) P.S. Case No. 132 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T