Patna High CourtCR. MISC./47247/2023bail granted

Raju Bhuiyan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47247 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- AMAS District- Gaya ====================================================== RAJU BHUIYAN S/O TENU BHUIYAN @ INDRADEV BHUIYAN R/O VILLAGE- LALADIH BALIYARI, JHARI, P.S.- AMAS, DISTRICT- GAYA BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023

1. 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 Amas P.S. Case No. 77 of 2022 dated 04.03.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

4. As per the prosecution case, 300 litres of kachcha mahua kept in 70 plastic drum was destroyed and 200 litres of country made liquor was recovered near Mastul Pahadi.

Patna High Court CR. MISC. No.47247 of 2023(2) dt.03-08-2023 2/2

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 has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.06.2023.

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, Gaya in connection with Amas P.S. Case No. 77 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T