Bajrangi Kumar @ Bajrangi Patel @ Bajrangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2930 of 2023 Arising Out of PS. Case No.-315 Year-2021 Thana- KANKARBAG District- Patna ====================================================== Bajrangi Kumar @ Bajrangi Patel @ Bajrangi Son Of Late Radheshyam Ray R/O Gayatri Mandir, Jhoparpatti, P.S.- Kankarbagh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of Bihar Prohibition and Excise Act.

It is a case of recovery of total 750 ml Indian made foreign liquor and cash of Rs. 3000/- and other articles from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of the police. From perusal of the FIR the name of the petitioner came into light merely on the basis of confessional statement of the co-accused Raju Malik and nothing illegal or aforesaid

Patna High Court CR. MISC. No.2930 of 2023(2) dt.03-04-2023 2/2 article has been recovered from his possession rather the same was recovered from the possession of the co-accused. During course of investigation except police personnel no other witness has supported the prosecution version. It is further submitted that the seizure list has not been prepared according to the Section 100 of the Cr.P.C. Petitioner is languishing in judicial custody since 01.10.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kankarbagh P.S. Case No. 315 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna.

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