Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49557 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== RAJESH KUMAR S/O DUDH NATH YADAV R/O VILLAGE- RANHA SURYAPUR, P/S- SHRINAGAR, DIST. WEST CHAMPARAN, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Prasad For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 6.600 liters of illegal country-made liquor from near a Dam.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized liquor and the place of occurrence does not belongs to the petitioner. No incriminating article has recovered from the conscious possession of the petitioner. Petitioner has got no

Patna High Court CR. MISC. No.49557 of 2023(2) dt.11-08-2023 2/2 criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Srinagar P.S. Case No. 41 of 2023.

(Sunil Kumar Panwar, J) arish/- U T