Abhishek Kumar @ Raja Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.642 of 2022 Arising Out of PS. Case No.-369 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Abhishek Kumar @ Raja Rai, Son Of Lalgir Rai @ Lalgir Ray Resident Of Village - Mahua Singh Rai , Police Station - Mahua In The District Of Vaishali.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii), 38(ii), 41(i) of the Excise Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 2023.560 litre of liquor from a pick-up van. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his possession. Petitioner is neither the owner, nor driver of the pick-up van. It is further submitted that petitioner came to be falsely implicated at the behest of the

Patna High Court CR. MISC. No.642 of 2022(2) dt.01-07-2022 2/2 excise officials.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a person with clean antecedent and nothing was recovered from his conscious possession, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mahua P. S. Case No.369 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T