Rajat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1340 of 2023 Arising Out of PS. Case No.-967 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== RAJAT KUMAR Son of Shatrudhan Sahani @ Shatrudhan Sahni Resident ofGur Ki Mandi, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the Indian Penal Code and Section 30(a)/36 of the Bihar Prohibition and Excise (Amendment) Act.

As per prosecution case, there has been recovery of 160 liters of illegal country-made liquor from jute bag, which was loaded on a stolen scooty and driven by this petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.1340 of 2023(3) dt.17-04-2023 2/3 petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the scooty or wine in question. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 07.12.2022.

The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 10,000/- (Ten thousand) in the account of concerned DLSA. 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 Spl. Judge Excise, Patna city in connection with Alamganj P.S. Case No. 967 of 2022.

The bail bond of the petitioner shall be accepted

Patna High Court CR. MISC. No.1340 of 2023(3) dt.17-04-2023 3/3 by the learned Court below on showing receipt of deposit of Rs. 10,000/- (Ten thousand) by the petitioner in the account of concerned DLSA.

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