Rajesh Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43925 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Rajesh Tanti Son Of Jageshwar Tanti Resident Of Village- Noorpur, Po - Nathnagar, Ps- Madhusudan, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakritita Sharma For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

As per FIR, prosecution case relates to recovery of 25 liters of illicit liquor from house of the petitioner and the petitioner is alleged to have fled away from the place of occurrence.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor. Neither the petitioner was arrested on spot nor any

Patna High Court CR. MISC. No.43925 of 2023(2) dt.21-07-2023 2/2 incriminating article has been recovered from his conscious possession rather his name came into light on the disclosure made by local Chaukidar. It is further submitted that the petitioner has been remanded in this case on 6.5.2023 and since then, he is languishing in judicial custody.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be released on bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 180 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Excise Court No.2, Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T