Ramakant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23813 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAMAKANT KUMAR SON OF BINDESWAR RAI Resident of village - Gagirha, W. No. 3, P.S. - Kundwa Chainpur, Distt. - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bal Govind Sharma, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023

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

2. Petitioner seeks regular bail in connection with Muffasil P.S. Case No. 139 of 2023 dated 17.02.2023 registered for the offence(s) punishable under Sections 414, 420, 465, 468, 483/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 27 litres of Nepali wine and the same is stated to have been recovered from a motorcycle which is alleged to be a stolen vehicle and as per allegation the said motorcycle and alleged wine were recovered from the possession of this

Patna High Court CR. MISC. No.23813 of 2023(2) dt.12-05-2023 2/2 petitioner and co-accused person, in fact the petitioner was made accused merely on suspicion, he has fair and clean antecedent and has been languishing in jail since 18.02.2023 and against him, the investigation has been completed and he is a young person.

4. Learned APP appearing for the State opposes the bail prayer and submits that against the petitioner there is serious allegation as not only liquor but stolen motorcycle was also recovered from his possession and he does not deserve to the privilege of bail.

5. Considering the above submissions and mainly completion of investigation against the petitioner, his young age and his fair and clean antecedent, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Muffasil P.S. Case No. 139 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T