Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86966 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Rakesh Kumar S/o Suresh Chaudhari Resident of Bathauli, P.S.- Barauni, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in connection with Complaint Case No. 205C-2 of 2019 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the allegation in the prosecution report, 542.520 litres of IMFL was recovered from the side of the road on a raid having been conducted and two persons namely Rajeev Kumar and the petitioner herein were arrested while one person managed to escape.

It is submitted by learned counsel for the petitioner with respect to the order dated 28.01.2020 that similar orders in

Patna High Court CR. MISC. No.86966 of 2019(4) dt.04-03-2020 2/2 large number of applications had been passed by this Court and orders of bail in about more than 70 cases have been passed today, one of them being in Cr. Misc. No.5027 of 2020. It is further submitted that co-accused Rajeev Kumar has been enlarged on bail by order dated 20.1.2020 passed in Cr.Misc. No.85314 of 2019.

Having heard learned counsel for the parties, in the facts and circumstances of the case, taking into consideration the grant of bail to co-accused Rajeev Kumar, the petitioner having no criminal antecedent and being in custody since 17.11.2019, this Court is inclined to enlarge the petitioner on bail. Let the petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II cum Special Judge, Excise Act, Begusarai in connection with Excise Complaint Case No.205C2 of 2019. (Partha Sarthy, J) Bibhash/- U T