Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13112 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Raushan Kumar Son Of Nand Kishore Paswan R/V- Giddha Phulwaria, P.S.- Mohinwara, District- Sitamarhi, At Present Village- Chamanchak (Renter Of Dharmendra Jee), P.S.- Ram Krishna Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Ram Krishna Nagar P.S. Case No. 03 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Prosecution case relates to recovery of total 90 liters of incriminating wine from two bag near the Chaman Chak Khatal.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that he has no concern with the recovered illicit wine and also he

Patna High Court CR. MISC. No.13112 of 2023(2) dt.25-04-2023 2/2 was not involved in sale and purchase of illicit liquor. There is no independent witness of the seizure list. It is also submitted that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.01.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ram Krishna Nagar P.S. Case No. 03 of 2023 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 Special Judge, Excise, Patna, District- Patna.

(Sunil Kumar Panwar, J) shubham/- U T