Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67845 of 2022 Arising Out of PS. Case No.-624 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== RAJU KUMAR S/O Shiv Prasad Ray R/O Village- Kila Road, Gauakhoh, P.S- Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad,Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Alamganj P.S. Case No.624 of 2022, registered for the offences punishable under Sections 30(a)/ 32/ 36 of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 80 litres of illicit liquor from a scooty being driven by the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he

Patna High Court CR. MISC. No.67845 of 2022(2) dt.08-02-2023 2/3 is having a clean antecedent and he is languishing in custody since 20.08.2022. The learned counsel for the petitioner has further submitted by referring to paragraph no.8 of the present petition that the petitioner is not the owner of the seized scooty.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the period of incarceration of the petitioner herein, apart from the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna

Patna High Court CR. MISC. No.67845 of 2022(2) dt.08-02-2023 3/3 City in connection with Alamganj P.S. Case No.624 of 2022.

(Mohit Kumar Shah, J) kanchan/sonalU T