Niranjan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32126 of 2023 Arising Out of PS. Case No.-519 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Niranjan Rai, S/O Chnarik Rai, R/O Village- Kila Road And P.S- Chowk, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate Mrs. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Chowk P.S. Case No. 519 of 2022 dated 06.12.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, the petitioner and the co-accused persons were tiding jute bag. On seeing the police, they were tried to flee away but the petitioner was apprehended. Total 50 litres of country made liquor was recovered from the jute bag and also from the motorcycle.

Patna High Court CR. MISC. No.32126 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 03.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Chowk P.S. Case No. 519 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T