Patna High CourtCR. MISC./12580/2023allowed

Jamdar Rai @ Jamadar Rai @ Jamdar Yadav v. The State Of Bihar

2023-08-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12580 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== JAMDAR RAI @ JAMADAR RAI @ JAMDAR YADAV Son of Late Sagar Rai Resident of Village - Brahmsthan, P.S.- Bhagwanpur Hat, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273, 328, 308, 304, 201, 120(B) of the Indian Penal Code and sections 30(a), 33, 34, 37(b) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, petitioner is said to be involved in illegal trade of spurious liquor. Allegedly, five persons died due to consumption of the said liquor.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is innocent. No incriminating article has been recovered from

Patna High Court CR. MISC. No.12580 of 2023(4) dt.01-08-2023 2/2 possession or from the house of the petitioner. General and omnibus allegations have been leveled against the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 10.7.2023 passed in Cr. Misc. No. 25812 of 2023. Petitioner is languishing in judicial custody since 23.12.2022.

5. The application for bail is opposed by learned APP for the State.

6. 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 Exclusive Special Excise Court No. 1, Siwan in connection with Bhagwanpur Hat PS Case No. 341 of 2022.

(Sunil Kumar Panwar, J) sushma/- U