Patna High CourtCR. MISC./84183/2023allowed

Rajesh Kumar v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84183 of 2023 Arising Out of PS. Case No.-246 Year-2020 Thana- DINARA District- Rohtas ====================================================== Rajesh Kumar SON OF CHARAN SINGH Village Jaksa Karsana, Amanpur, P.S. Kashganj, Dist. Kashganj, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 467, 468, 471 and 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 5397.06 IMFL from four to five vehicles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He was not apprehended on spot. Nothing has been recovered from the conscious possession of the petitioner and he has no concern with the seized liquor. Only because he is the registered owner of container bearing

Patna High Court CR. MISC. No.84183 of 2023(2) dt.05-01-2024 2/2 Reg. No. UP-14JT-1949 from where 2625.2 liters of illicit liquor was recovered, he has been dragged in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dinara P.S. Case No. 246 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise 1st, Rohtas, Sasaram. (Sunil Kumar Panwar, J) Shubham/- U T