Patna High CourtCR. MISC./13440/2024bail granted

Rajnish Kumar Yadav @ Rajnish Kumar Singh v. The State Of Bihar

2024-02-28Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13440 of 2024 Arising Out of PS. Case No.-473 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== Rajnish Kumar Yadav @ Rajnish Kumar Singh S/O Madan Mohan Singh @ Kameshwar Singh R/O Village- Sakhara, P.S- Dehri (T), Distt.- Rohtas. ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Dehri Nagar P.S Case No. 473 of 2019 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, petitioner is engaged in illegal trading / manufacturing of illicit liquor, where, there was recovery of 406.080 litres of illicit IMFL/ country made liquor.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. It

Patna High Court CR. MISC. No.13440 of 2024(2) dt.28-02-2024 2/2 is next submitted that one of the co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 11.10.2022 passed in Cr. Misc. No. 51492 of 2022. It is also submitted that petitioner is in judicial custody since 25.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Dehri Nagar P.S Case No. 473 of 2019.

(Ramesh Chand Malviya, J) Mayank/- U T