Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58911 of 2023 Arising Out of PS. Case No.-463 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Raja Kumar Son Of Vijay Singh Residents Of Village Ward No 10 Chak Dumri Police Station Rajapakar District Vaishali. At Present Resident Of Khajurfaha, Ejetama Masjid, Bankara, Ps- Dungpur, Dist- Howrah, West Bengal ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 56(2)(ii) of Bihar Prohibition and Excise Act. As per prosecution case, the petitioner along with a a vehicle bearing Reg. No. WB11F-5747 was recovered and from the alleged vehicle total 1680 liters rectified spirit was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.58911 of 2023(2) dt.04-09-2023 2/2 concern with the alleged recovery, he was merely a driver of the alleged vehicle and he has no knowledge of the alleged recovery. It is further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 21.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 463 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T