Patna High CourtCR. MISC./8361/2023bail granted

Roushan Kumar @ Raushan Kumar v. The State Of Bihar

2023-04-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8361 of 2023 Arising Out of PS. Case No.-324 Year-2022 Thana- CHAKAI District- Jamui ====================================================== ROUSHAN KUMAR @ RAUSHAN KUMAR Son of Narayan Sah @ Narayan Saw Resident of Village- Keshopur, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Prakash, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Chakai P.S. Case no.324 of 2022 registered under sections 272, 273, 427 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 224.25 liters of IMFL is said to have been recovered from the vehicle in which the petitioner was also present.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. The petitioner is neither the owner nor the driver of the said vehicle. He is in custody since 12.12.2022 and has no criminal

Patna High Court CR. MISC. No.8361 of 2023(2) dt.29-04-2023 2/2 antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the petitioner not having any criminal antecedent, his being in custody for more than 4 months since 12.12.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Chakai P.S. Case no.324 of 2022 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 Presiding Officer, Exclusive Excise Court-I, Jamui.

(Partha Sarthy, J) Saurabh/- U T