Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37719 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== RAJA KUMAR S/O MANTUN SINGH R/O Village- Ganga Prasad, Amarpur PS. Barauni, Dist.Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 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 Jamui Prohibition P.S. Case No. JAM 220 of 2023 dated 24.2.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 601.500 litres of liquor is alleged to have recovered from a vehicle. The petitioner was the driver of the said vehicle.

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

Patna High Court CR. MISC. No.37719 of 2023(2) dt.28-06-2023 2/2 of the petitioner. The petitioner is not the owner of the vehicle. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 11.5.2023 passed in Cr. Misc. No. 22466 of 2023. The petitioner is accused in two other criminal cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 25.2.2023.

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, Jamui in connection with Jamui Prohibition P.S. Case No. JAM 220 of 2023.

The application stands allowed.

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