Rajiv Kumar @ Rajiv Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72771 of 2022 Arising Out of PS. Case No.-199 Year-2022 Thana- RAIL JHAJHA District- Jamui ====================================================== Rajiv Kumar @ Rajiv Choudhary S/O Ramashish Chaudhary R/O VillageChauhan Tola Raghopur, P.S.- Bakhtiyarpur, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 81.9 litres of illicit liquor from the public toilet of train. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. It is also submitted that when police party came and asked the petitioner about the said bag and plastic bags, from which the recovery of

Patna High Court CR. MISC. No.72771 of 2022(2) dt.13-01-2023 2/2 illicit liquor is alleged to have been made, petitioner replies that the said bags do not belongs to him. But, police personnel arrested the petitioner forcefully. He is languishing in judicial custody since 15.11.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court I, Jamui in connection with Rail Jhajha P.S. Case No. 199 of 2022.

(Sunil Kumar Panwar, J) nirajkrs/- U T