Robin Kumar Rai @ Roban Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6891 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Robin Kumar Rai @ Roban Kumar Rai Son of Ramu Rai @ Ram Rohan Rai @ Ram rohan Rai Resident of Vill.-Narahiya, Ward No.11, P.S.-Laukahi, Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.R. No. 857 of 2023 arising out of Madhepur P.S. Case No. 296 of 2023 instituted for the offences under Sections 272, 273 & 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per prosecution case, the police has recovered altogether 139.500 liters Nepali Sourbh Soufi liquor kept in four plastic bags from the rear seat and dickey of a Maruti Alto car bearing Registration No. BR07AK 5718.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to local politics. He further submits that the

Patna High Court CR. MISC. No.6891 of 2024(2) dt.13-02-2024 2/2 petitioner has no concern with the alleged recovery of wine. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner was only a passersby and the police, mere on suspicion, has falsely implicated the petitioner in the present case. He further submits that the petitioner is neither the owner nor the driver of the car. The petitioner has two criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 30.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 857 of 2023 arising out of Madhepur P.S. Case No. 296 of 2023. (Rudra Prakash Mishra, J) rishi/- U T