Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82291 of 2023 Arising Out of PS. Case No.-204 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== RAJA KUMAR S/O UMESH KAMAT R/O KHUTI TOLA, WARD NO.27, SUPAUL NAGAR PARISHAD, P.S. AND DISTT.- SUPAUL. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Raghopur P.S. Case No. 204 of 2023 registered under section 30(a), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 130.125 liter foreign made liquor from a car and a motorcycle, petitioner and co-accused persons were also apprehended on the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has vehicle falsely been implicated in this case. It is further submitted that nothing incriminating has been recovered

Patna High Court CR. MISC. No.82291 of 2023(2) dt.20-12-2023 2/3 from the conscious possession of the petitioner and he has no concern with the seized illicit liquor nor vehicles in question belong to him. The petitioner is languishing in judicial custody since 28.05.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner being driver of the alleged vehicle is directed to deposit a sum of Rs. 5,000/- (Rs. Five Thousand) in the District Legal Services Authority of the concerned District. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Raghopur P.S. Case No. 204 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Exclusive Judge, Excise Court-II, Supaul.

The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit

Patna High Court CR. MISC. No.82291 of 2023(2) dt.20-12-2023 3/3 of Rs. 5,000/- (Rs. Five Thousand) by the petitioner in the account of concerned DLSA. (Sunil Kumar Panwar, J) manishkumar/- U