Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83667 of 2023 Arising Out of PS. Case No.-578 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Rajnish Kumar Son Of Surendar Sahni Resident Of Village- Gosaipur, PsShyampur, Bhatha, Distt- Sheohar ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Narayan Singh For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 section 414 of IPC and Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 288 litres of Nepali liquor from two motorcycles. Petitioner is alleged to be the driver of one of the motorcycles. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and
Patna High Court CR. MISC. No.83667 of 2023(2) dt.04-01-2024 2/3 has committed no offence. He has no concern with the alleged recovery. Nothing incriminating has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 16.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Deeplal Kumar has been granted bail vide order dated 20.12.2023, passed in Cr. Misc. No. 82817 of 2023 by this Court.
Learned APP appearing for the State has opposed the prayer of Bail.
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, East Champaran in connection with Dhaka
Patna High Court CR. MISC. No.83667 of 2023(2) dt.04-01-2024 3/3 (Pachpakri) P.S. Case No. 578 of 2023.
(Sunil Kumar Panwar, J) Lata/- U T