Patna High CourtCR. MISC./42842/2024bail granted

Arjun Bhuiyan @ Arjun Rikiyasan v. The State Of Bihar

2024-06-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 42842 of 2024 Arising Out of PS. Case No.-361 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== Arjun Bhuiyan @ Arjun Rikiyasan son of Kail Bhuiyan Village- Umga Tola Barchhibir Ps- Madanpur Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Adv For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2024 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 Madanpur P.S. Case No. 361 of 2021 dated 21.11.2021 registered for the offences punishable u/s 30(a), 30 (b), 30(c) and 33 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 40kg of Mahua Flower and 2 litres of country made liquor were recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery has been made from the joint family

Patna High Court CR. MISC. No. 42842 of 2024(2) dt.24-06-2024 2/2 house of the petitioner. The name of the petitioner was disclosed by the villagers. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.04.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Aurangabad in connection with Madanpur P.S. Case No. 361 of 2021.

7. The application stands allowed.

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