Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32003 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== RAJU KUMAR s/o of Jitendra Rai Resident of Village- Sandha, P.S.- Chapra Muffasil, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha For the Opposite Party/s :
Mr. Asha Kumari ====================================================== 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 Excise P.S. Case No. 194 of 2023 dated 08.03.2023 registered for the offences punishable u/s 30(a) and 37 of Bihar Prohibition and Excise Act 2018. As per the prosecution case, total 8000 litres of Jawagur and 50 litres of Chulai liquor were recovered from the place of occurrence. The said Jawagur was destroyed. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.32003 of 2023(2) dt.22-05-2023 2/2 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 a labourer and has been working in the field and he has no knowledge of the alleged liquor. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.03.2023. 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, Saran at Chapra in connection with Excise P.S. Case No. 194 of 2023.
The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T