Patna High CourtCR. MISC./65032/2023bail granted

Rajan Kumar v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65032 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Rajan Kumar Son Of Suresh Sahani Resident Of Village - Dewapur Tola, Asaraul, P.S. - Mazhagarh, District - Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Patel, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mohmmadpur P.S. Case No. 185 of 2023 dated 02.08.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the petitioner was apprehended with a car from which 544.32 litres of foreign liquor was recovered. It is further alleged that the petitioner was the driver of the said car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said car. The

Patna High Court CR. MISC. No.65032 of 2023(2) dt.12-10-2023 2/2 petitioner is only the driver of the said car and he has no concern with the alleged recovery. Nothing has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Mohammadpur P.S. Case No. 185 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T