Raja Kumar @ Raja Raider v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14893 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- MALSALAMI District- Patna ====================================================== RAJA KUMAR @ RAJA RAIDER S/O BINOD PRASAD @ VINOD PRASAD R/o- Bhaisani Tola, P.S.- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Asha Devi ====================================================== 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 instituted for the offence under Sections 30(a)/ 36 of the Bihar Prohibition and Excise (Amendment) Act.

As per prosecution case, there has been recovery of 75 liters of illegal Mahua from 3 jute bags, which was tied on a motorcycle, Bearing No. BR01CV-7423.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern either with the seized motorcycle or with the liquor. Nothing incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No. 14893 of 2023(2) dt.09-05-2023 2/2 petitioner. He is languishing in judicial custody since 25.01.2023.

The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 5,000/- (Five thousand) in the account of concerned DLSA.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna City, Patna in connection with Malsalami P.S. Case No. 52 of 2023.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/- (Five thousand) by the petitioner in the account of concerned DLSA.

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