Rajan Rai @ Rajan Thakur @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31870 of 2023 Arising Out of PS. Case No.-1046 Year-2020 Thana- ARARIA District- Araria ====================================================== RAJAN RAI @ RAJAN THAKUR @ GOLU SON OF MANTUN THAKUR Resident of village- Baini (Waini Chakla) Ward No. 06, P.S.- Baini (OP), District- Samastipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Jha For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== 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 Araria P.S. Case No. 1046 of 2020 dated 19.12.2020 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 3124.8 liters of foreign liquor was recovered from the truck. The truck driver disclosed the name the petitioner as the owner of the said liquor. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.31870 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. Name of the petitioner has sprung up on the basis of discloser of co-accused Rambali Ray, Truck Driver. The petitioner is not the owner of the said truck. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.03.2023.
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, Araria in connection with Araria P.S. Case No. 1046 of 2020.
The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T