Patna High CourtCR. MISC./62663/2023allowed

Rajeev Kumar v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62663 of 2023 Arising Out of PS. Case No.-561 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Rajeev Kumar S/O Krishna Rai @ Krishan Nandan Ray R/O VillageMithanpura, P.S- Kanti (Panapur O.P.), Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. According to the FIR, prosecution case relates to recovery of total 927 liters of illicit liquor from four different vehicles and the petitioner is said to have indulged in trade of liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of secret information. He has got no criminal antecedent as stated in para-3 of the bail petition.

Patna High Court CR. MISC. No.62663 of 2023(2) dt.22-09-2023 2/2 Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicles in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 12.8.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti (Panapur OP) P.S. Case No. 561 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 Special Judge, Excise Court No.II, Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T