Patna High CourtCR. MISC./34207/2024bail granted

Ramji Rai @ Ramjee Prasad Yadav v. The State Of Bihar

2024-05-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34207 of 2024 Arising Out of PS. Case No.-699 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ramji Rai @ Ramjee Prasad Yadav Son Of Late Ramautar Rai R/O VillageJhitkahiya (Rangu Tiola), P.S.- Lakhaura, Dist- East Champaran,Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil (Lakhaura) P.S. Case No. 699 of 2023 dated 03.10.2023 registered for the offences punishable u/ss 30(b)(c), 32, 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 400 litres of pass (sweet solution) was recovered from the bank of the Dudhaura river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by local

Patna High Court CR. MISC. No.34207 of 2024(2) dt.06-05-2024 2/2 Chowkidar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.03.2024.

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

6. 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, East Champaran, Motihari in connection with Muffasil (Lakhaura) P.S. Case No. 699 of 2023.

7. The application stands allowed.

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