Rocky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81868 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- PUNPUN District- Patna ====================================================== ROCKY KUMAR SON OF LATE SHIV NANDAN YADAV @ LATE SHIVNANDAN PRASAD YADAV RESIDENT OF VILLAGE BODHA CHAK, PS PARSA BAZAR, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 760 liters of illegal country-made liquor from a Car.
4. It is submitted by learned counsel for the 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 seized vehicle or with the wine in question. He submitted that one co-accused namely, Arvind Ranawat @ Suraj, who apprehended on spot and on his
Patna High Court CR. MISC. No.81868 of 2023(2) dt.19-12-2023 2/2 confessional statement the name of the petitioner has come into light. Petitioner was not arrested on spot. He submitted that the other co-accused, who arrested on spot has already been granted bail by a Co-ordinate Bench vide order dated 20.07.2023 passed in Cr. Misc. No. 43101 of 2023. He is languishing in judicial custody since 11.10.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Judge, Excise-IInd, Patna in connection with Punpun P.S. Case No. 134 of 2023. (Sunil Kumar Panwar, J) Arish/- U T