Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72705 of 2022 Arising Out of PS. Case No.-294 Year-2022 Thana- AMAUR District- Purnia ====================================================== RAJESH KUMAR S/o Gopal Sharma R/v- Jhunni Kala, P.S.- K. Nagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Amour P.S. Case No. 294 of 2022, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 174.840 litres of illicit foreign liquor from a car and the petitioner is stated to be the driver of the said car.

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

Patna High Court CR. MISC. No.72705 of 2022(2) dt.10-02-2023 2/3 having a clean antecedent and he is languishing in custody since 04.10.2022. The learned counsel for the petitioner has further submitted that though the petitioner is driver of the seized car but he is not the owner of the same, thus he was not knowing about the consignment loaded in the said car, hence the petitioner is not having any complicity in the matter.

Per contra, the learned A.P.P. 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 period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to 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

Patna High Court CR. MISC. No.72705 of 2022(2) dt.10-02-2023 3/3 of learned Exclusive Special Excise Judge Court No.-II, Purnea in connection with Amour P.S. Case No. 294 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T