Patna High CourtCR. MISC./69101/2024bail granted

Raja Kumar v. The State Of Bihar

2024-10-07Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69101 of 2024 Arising Out of PS. Case No.-347 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== Raja Kumar Son of Ramesh Thakur @ Ramesh Kumar R/O-Mohalla- Jadhua, PS- Town (Hajipur), District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Saraiya P.S. Case No. 347 of 2024 registered for the offence punishable under Sections-30(a), 32(2), 32(3), 36, 41(1), 41(2) of Bihar Prohibition and Excise Act, 2022.

3. Allegedly, 682.560 litres of illicit foreign liquor is recovered from a truck, of which, the petitioner is said to be the driver.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The petitioner is a person of clean antecedent. Admittedly, the petitioner was a poor driver of the truck who

Patna High Court CR. MISC. No.69101 of 2024(2) dt.07-10-2024 2/2 had no knowledge about the consignment loaded on the truck. The petitioner is under incarceration since 29-07-2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, especially, the clean antecedent of the petitioner, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.-II, Muzaffarpur in connection with Saraiya P.S. Case No. 347 of 2024 with the following conditions:

(i) The petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(ii) Before accepting the bail bonds, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any case other than the present one, his bail bonds shall not be accepted.

(Nawneet Kumar Pandey, J) A.K.V.//- U T