Patna High CourtCR. MISC./45443/2024bail granted

Rajnish Kumar @ Bhulla Ray v. The State Of Bihar

2024-07-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45443 of 2024 Arising Out of PS. Case No.-84 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== Rajnish Kumar @ Bhulla Ray Son of Tiwari Ray R/O Vill.- Lawapur Salempur, P.S.- Mahnar, P.O.- Lawapur Narayan, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 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 Mahnar P.S. Case No. 84 of 2023 dated 31.03.2023 registered for the offences punishable u/ss 272, 273 and 414 of the Indian Penal Code and u/ss 30(a), 32(ii), (iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 2999.16 litres of illicit country made foreign liquor, a mobile phone and some documents were recovered from the truck and the three motorcycles standing near the truck were also recovered.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.45443 of 2024(2) dt.18-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery or the seized vehicles. The co-accused persons have already been granted regular bail by this court vide order dated 22.05.2023 passed in Cr. Misc. No. 31421 of 2023. The petitioner has two criminal antecedents and he is on bail in both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.05.2024.

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, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 84 of 2023.

7. The application stands allowed.

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