Rajdev Rawat @Rajdev Rav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15649 of 2023 Arising Out of PS. Case No.-126 Year-2021 Thana- CHANAN District- Lakhisarai ====================================================== RAJDEV RAWAT @RAJDEV RAV S/O Brahamdev Rawat R/O VillageKundar, P.S- Chanan, District- Lakhisarai (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273/34 of the Indian Penal Code and Section 30(a)(b)(c) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 100 liters country made liquor from bush and the petitioner is alleged to be involved in the trade of liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither the petitioner

Patna High Court CR. MISC. No.15649 of 2023(2) dt.09-05-2023 2/2 was arrested on spot nor any incriminating article has been recovered from his conscious or constructive possession. Moreover, similarly situated co-accused namely, Lakshman Yadav has already been granted bail by this Court vide order 3.2.2023 passed in Cr. Misc. No. 73881 of 2021 and in support of this Annexure-2 has been annexed with this petition. The petitioner is languishing in judicial custody since 25.12.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

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 released on bail in connection with Chanan P.S. Case No. 126 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge Ivth-Cum-Special Excise Court 1st Lakhisarai. (Sunil Kumar Panwar, J) Amandeep/- U T