Rajkumar Saday @ Raj Kumar Saday v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2232 of 2023 Arising Out of PS. Case No.-266 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== Rajkumar Saday @ Raj Kumar Saday S/O Biraj Saday R/V- Kamalpur, P.S.- Laukaha, District- Madhubani ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 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 272, 273/34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 87 litres of Nepali liquor from sack.
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 alleged recovery. Nothing incriminating has been
Patna High Court CR. MISC. No.2232 of 2023(2) dt.19-04-2023 2/3 recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure. He is languishing in judicial custody since 26.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused person, namely, Satya Narayan Thakur has already been granted bail vide order dated 11.04.2023, passed in Cr. Misc. No. 1335 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 Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Laukaha
Patna High Court CR. MISC. No.2232 of 2023(2) dt.19-04-2023 3/3 Lalmaniya P.S. Case No. 266 of 2022.
(Sunil Kumar Panwar, J) nirajkrs/- U T