Patna High CourtCR. MISC./49359/2024allowed

Rajeshwar @ Rajeshwar Yadav v. The State Of Bihar

2024-07-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49359 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Rajeshwar @ Rajeshwar Yadav, aged about 32 years, Male, Son of Late Ramayan Yadav R/o- Luhushi, P.S.- Bhore, District - Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Deepankar Raj, Advocate For the Opposite Party :

Mr. Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 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 Sirpur P.S Case No. 53 of 2024 dated 24.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 63 litres of illicit country made liquor was recovered from the gunny bags thrown by the petitioner near the Kewara river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open place

Patna High Court CR. MISC. No.49359 of 2024(2) dt.10-07-2024 2/2 which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has five criminal antecedents in which he is on bail in four cases as stated in para 3 of the bail petition. The petitioner is in custody since 29.05.2024.

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, Gopalganj in connection with Sirpur P.S Case No. 53 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T