Patna High CourtCR. MISC./16458/2024bail granted

Ramesh Jaiswal v. The State Of Bihar

2024-03-11Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16458 of 2024 Arising Out of PS. Case No.-603 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Ramesh Jaiswal S/O- Late Raju Jaiswal @ Late Raju Prasad R/O- VillageBhawanipur Zirat, P.S.- Chhatauni, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Chhatauni P.S Case No. 603 of 2023 registered for the offences punishable under Sections 30(a), 32(2), (3), 36, 41(1) (2) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, total 195.09 litre illicit liquor was recovered.

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.

Patna High Court CR. MISC. No.16458 of 2024(2) dt.11-03-2024 2/2 In similarly situated condition one of the co-accused has been granted bail by this Court vide order dated 06.03.2024 passed in Cr. Misc. No. 15847 of 2024. It is also submitted that petitioner is in judicial custody since 23.01.2024.

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 Excise Judge1, East Champaran at Motihari in connection with Chhatauni P.S Case No. 603 of 2023.

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