Raj Kishor Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61111 of 2023 Arising Out of PS. Case No.-338 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Raj Kishor Kumar S/O Ram Nath Rai R/O Village- Chhajan Khariyar, Ps. Kudhani, Dist. Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 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 420, 120(B) of the Indian Penal Code and Sections 30(a), 32(ii), 41(i) of the Bihar Prohibition & Excise Act.
There is recovery of 146.880 litres of illicit Indian made foreign liquor from a truck and Bolero vehicle.
Patna High Court CR. MISC. No.61111 of 2023(3) dt.12-10-2023 2/3 It is submitted by learned counsel for the 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 vehicles in question or the illicit liquor. The petitioner is languishing in custody since 10.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Since the petitioner is driver of the vehicle in question, the petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the District Legal Services Authority, Vaishali at Hajipur. 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 Exclusive Special Excise Court-II-cum-Additional District & Sessions
Patna High Court CR. MISC. No.61111 of 2023(3) dt.12-10-2023 3/3 Judge, Vaishali at Hajipur in connection with Vaishali (Belsar O.P) P.S. Case No. 338 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T