Rajesh Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11309 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- MOHAMMADPUR District- Gopalganj ====================================================== RAJESH RAUT Son of Mohan Raut Resident of Village - Kesho Gaura, P.s.- Baikunthpur, Distt.- Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 30 litres of liquor is said to have been recovered from the possession of the petitioner and two others who were taken into custody. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was dismissed as withdrawn vide order dated 21.12.2021. The petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He is in custody since 6.8.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.11309 of 2022(2) dt.09-03-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, chargesheet having been submitted in the case together with the petitioner not having any criminal antecedent and having remained in custody for over 7 months, the Court directs the petitioner to be enlarged on bail in connection with Mohammadpur P.S. Case no. 160 of 2021 (Trial no. 5658 of 2021) 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 2nd Additional District and Sessions Judge, Gopalganj, District Gopalganj.

(Partha Sarthy, J) Bibhash/- U