Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75022 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== RUPESH KUMAR Son of Shashi Singh @ Shashi Kumar Singh R/vSubhayee Gardh, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 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 467, 468, 471, 420, 120B/34 of the Indian Penal Code and section 30 (a), 36/41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of large number of wine which were being unloaded by a Truck. Truck driver Sunil Kumar disclosed the name of four accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner was not present at spot. Petitioner has no concern with the seized wine or with the vehicle in question. Petitioner is

Patna High Court CR. MISC. No.75022 of 2022(2) dt.25-02-2023 2/2 languishing in judicial custody since 16.11.2022. The application for bail is opposed by learned APP for the State.

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 Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 155 of 2021.

(Sunil Kumar Panwar, J) sushma/- U