Raja @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47606 of 2024 Arising Out of PS. Case No.-281 Year-2023 Thana- BARURAJ District- Muzaffarpur ====================================================== Raja @ Raja Kumar SON OF Ramchandra Bhagat VILLAGE- KORIGAVA @ KORIGANVA, PS- BARURAJ, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 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 Baruraj P.S. Case No. 281 of 2023 dated 24.12.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 708.48 litres of illicit foreign liquor was recovered behind the poultry farm of Sanjeev Kumar and total 8.640 litres of illicit foreign liquor was recovered from possession of the co-accused Upendra Bhagat.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.47606 of 2024(2) dt.20-07-2024 2/2 this case. The petitioner has no concern with the alleged recovery. The name of the petitioner was disclosed by the coaccused Upendra Bhagat. The recovery has been made from an open place behind the poultry farm which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.04.2024.

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, Muzaffarpur in connection with Baruraj P.S. Case No. 281 of 2023.

7. The application stands allowed.

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