Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59762 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- SARE District- Nalanda ====================================================== Rajesh Kumar Son Of Ramavtar Singh R/O Vill - Dhanpura, P.S. - Kashichak, Distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Davendra Kumar Pandey For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a), 38, 41(i)(ii) of the Bihar Prohibition & Excise Act.
There is recovery of 193.77 litres of illicit Indian made foreign liquor from a car which was driven by the petitioner.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.59762 of 2023(3) dt.07-11-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized vehicle or the illicit liquor. The petitioner is languishing in custody since 26.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Since petitioner is alleged to be driver of the car from where illicit liquor was seized, petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Nalanda.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 4th Additional District & Sessions Judge-cum-Special Judge, Excise-II, Nalanda
Patna High Court CR. MISC. No.59762 of 2023(3) dt.07-11-2023 3/3 in connection with Sare P.S. Case No. 131 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T