Patna High CourtCR. MISC./50367/2024bail granted

Rajesh Ram @ Rajesh Raushan v. The State Of Bihar

2024-07-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50367 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== Rajesh Ram @ Rajesh Raushan Son of Late Maujelal Ram Resident of Village - Sarangpur, P.S.- Halai, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tajpur P.S. Case No. 66 of 2024 instituted for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 61.560 liters of illicit liquor has been recovered from the hut of the co-accused Chand Kishore Rai.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has falsely been implicated in this case and he has no concern with the alleged recovery. Neither the petitioner was arrested on the

Patna High Court CR. MISC. No.50367 of 2024(2) dt.20-07-2024 2/2 spot nor any incriminating article has been recovered from his conscious possession. Similarly situated co-accused have been granted bail passed in Cr. Misc. Nos. 18311 of 2024, 20673 of 2024 and 28431 of 2024 respectively. Moreover, he is languishing in judicial custody since 02.06.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-02, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No.66 of 2024.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T