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Patna High Court/73477/2022allowed

Rajesh Kumar @ A.T.M v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73477 of 2022 Arising Out of PS. Case No.-186 Year-2021 Thana- DINARA District- Rohtas ====================================================== Rajesh Kumar @ A.T.M S/O Gajendra Singh Resident Of Village- Sorathi, P.S.- Dinara, District- Rohtas At Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== 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 55.80 litres of Indian Made Foreign Liquor from a tempo bearing Registration No. BR-24PA-3868.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent

Patna High Court CR. MISC. No.73477 of 2022(2) dt.13-01-2023 2/3 and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended coaccused, namely, Davendra Singh, before the police, which has got no evidentiary value in the eye of law. No any incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 11.08.2022. 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

Patna High Court CR. MISC. No.73477 of 2022(2) dt.13-01-2023 3/3 learned Exclusive Special Judge, Court No. 1, Rohtas, Sasaram in connection with Dinara (Bhanas) P.S. Case No. 186 of 2021.

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