Patna High CourtCR. MISC./42764/2023bail granted

Raja Kumar v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42764 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Raja Kumar Son of Ramsevak Mahato @ Ram Sewak Mahto Resident of village-Mathurapur Ward No. 12, Police Station-Warisnagar, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Warisnagar P.S. Case No. 17 of 2023 dated 16.01.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 16.110 litres of Indian made foreign liquor was recovered from the possession of the co-accused.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.42764 of 2023(2) dt.20-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the apprehended person, Ramsevak Mahto. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.05.2023.

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

7. 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, Samastipur in connection with Warisnagar P.S. Case No. 17 of 2023.

8. The application stands allowed.

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