Patna High CourtCR. MISC./47285/2023bail granted

Raghunandan Prasad v. The State Of Bihar

2023-08-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47285 of 2023 Arising Out of PS. Case No.-596 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== RAGHUNANDAN PRASAD Son of Parmeshwar Sahu @ Prameshwar Das @ Rameshwar Sah Resident of village - Pachna Road, ward no. 17, P.S. - Lakhisarai (Kabaiya), Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S Case No. 596C2/2023 dated 20.06.2023 registered for the offence punishable u/s 37 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, on seeing the police, the petitioner started fleeing away but he was apprehended by the police who disclosed his name as Raghunandan Prasad. On

Patna High Court CR. MISC. No.47285 of 2023(2) dt.03-08-2023 2/2 Breath Analyser Test, presence of alcohol in his body was confirmed.

5. Learned counsel for the petitioner has submitted 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 is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 21.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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 Lakhisarai in connection with Excise P.S Case No. 596C2/2023.

8. The application stands allowed.

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