Rajnikant Kumar @ Rajnikant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71573 of 2022 Arising Out of PS. Case No.-781 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== RAJNIKANT KUMAR @ RAJNIKANT Son of Bipin Kumar Singh @ Bipin Kr. Singh @ Bipin Singh Resident of village - Ratanpur, Dumari Road Ward No.- 21, Near Vikash Vidyalay, P.S.- Town (Ratanpur O.P.), DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Town P.S. Case No. 781 of 2021, registered for the offence punishable under Section 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 492 liters of illicit liquor from the field of one Pankaj Singh and the petitioner is stated to be the person, who had brought the said illicit liquor and kept at the said field.

Patna High Court CR. MISC. No.71573 of 2022(2) dt.09-02-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 1.11.2022. It is submitted that only since the petitioner is an accused in seven other criminal cases out of which two are of similar nature, he has been made an accused in the present case, but the fact is that he is on bail in all the said criminal cases.

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 available on record as also considering the fact that the petitioner is having a bad antecedent, though I am not inclined to grant bail to the petitioner at the moment, however, I deem it fit and proper to direct for release of the petitioner on bail, immediately upon framing of charges by

Patna High Court CR. MISC. No.71573 of 2022(2) dt.09-02-2023 3/3 the learned trial court, subject to such conditions as may be deemed fit and proper to be imposed by the learned court of Exclusive Special Excise Judge-I, Begusarai in connection with Town P.S.Case No. 781 of 2021.

The present petition stands disposed off with the aforesaid observations and directions.

(Mohit Kumar Shah, J) Ajay/- U T