Rupak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75262 of 2022 Arising Out of PS. Case No.-433 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== RUPAK KUMAR Son of Hari Narain Paswan R/V- Kutupur, P.S- Punpun Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Parsa Bazar P.S. Case no. 433 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 500 liters country made liquor from a vehicle registration No. JH05M5500 which is alleged to be driven by the petitioner at the time of his apprehension.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the

Patna High Court CR. MISC. No.75262 of 2022(4) dt.21-04-2023 2/3 petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. Nothing incriminating article has been recovered from his possession. Moreover, the petitioner is languishing in judicial custody since 3.9.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner was arrested on spot with the sized vehicle from where the recovery has been made.

The petitioner is directed to deposit a sum of Rs 40,000/- (Forty Thousand) in the District Legal Services Authority of concerned District.

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 released on bail in connection with Parsa Bazar P.S. Case No. 433 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs.

Patna High Court CR. MISC. No.75262 of 2022(4) dt.21-04-2023 3/3 40,000/- (Forty Thousand) by the petitioner in the account of the concerned DLSA.

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