Raju Kumar @ Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16528 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Raju Kumar @ Raju Rai Son of Rajendra Rai @ Rajendra Ray R/V- Saraiya P.S- Pipra Kothi, Dist- East champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Bishambharpur P.S. Case No. 16 of 2023 dated 19.01.2023 registered for the offences punishable under Sections 467, 468, 120(B) and 34 of IPC and Sections 30(a) and 41 of Bihar Prohibition and Excise (Amendment) Act, 2022. 3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to recovery of 691.2 litres of Indian made English wine and the same has been shown as having been recovered from a pick up vehicle and petitioner is stated to be the driver of the said vehicle, infact at the time of recovery the petitioner was bonafidely discharging his duties as a driver on the instruction of vehicle's owner namely, Rangilal

Patna High Court CR. MISC. No.16528 of 2023(2) dt.08-05-2023 2/2 Bhagat who is the registered owner of the said vehicle and regarding his ownership sufficient documents have been filed as Annexure-2 and petitioner's mother has recently suffered paralysis attack and petitioner's father is also unwell. Further submission is that the petitioner has fair and clean antecedent and he has been languishing in jail since 24.01.2023 and against him the investigation has been completed.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Bishambharpur P.S. Case No. 16 of 2023.

(Shailendra Singh, J) Shahnawaz/- U T