Rajesh Ram @ Rajesh Raushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53282 of 2024 Arising Out of PS. Case No.-514 Year-2022 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 :
Mr. Satish Kumar Sinha, Advocate For the State :
Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Tajpur (Halai) P.S. Case No.514 of 2022, registered for the offence punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 819.360 liters foreign liquor has been recovered from two vehicles.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is neither owner nor driver of the vehicle in question. Nothing has been recovered from conscious possession of this petitioner and he has been made an accused in this case merely on suspicion. Petitioner is in custody since 15.06.2024. Moreover, chargesheet has already been
Patna High Court CR. MISC. No.53282 of 2024(2) dt.30-08-2024 2/2 submitted.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, the fact that petitioner is neither owner nor drivers of the vehicles in question and nothing has been recovered from his possession and period of custody, the prayer for bail of petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) - 02, Samastipur, in connection with Tajpur (Halai) P.S. Case No. 514 of 2022. (Prabhat Kumar Singh, J) shashank/- U T