Rahul Jha @ Rahul Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.567 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Rahul Jha @ Rahul Kumar Jha S/O Bipin Jha Village- Morwa Dih, Ps. Mushrighrari, Dist. Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 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 sections 30(a), 32, 36 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 3519.360 litres of Indian Made Foreign Liquor from different vehicles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the

Patna High Court CR. MISC. No.567 of 2024(2) dt.16-01-2024 2/3 alleged recovery or with the vehicles in question. The name of the petitioner has been disclosed in this case by local Chowkidar. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 29.09.2023. Moreover, similarly situated co-accused, namely, Rajesh Ray has been granted bail vide order dated 06.12.2023, passed in Cr. Misc. No. 75091 of 2023 by the co-ordinate Bench of 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 Special Judge Excise

Patna High Court CR. MISC. No.567 of 2024(2) dt.16-01-2024 3/3 Act, Court No. I, Samastipur in connection with Musrighrari P.S. Case No. 144 of 2023.

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