Patna High CourtCR. MISC./48329/2023bail granted

Rajesh Ram @ Botal v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48329 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- KORMA District- Sheikhpura ====================================================== RAJESH RAM @ BOTAL Son of Kunwar Ram Resident of village - Murarpur, P.S. - Korma, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023

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 Korma P.S. Case No. 155 of 2022 (Excise Case No. 619 of 2022) dated 17.11.2022 registered for the offences punishable u/s 30 (a)/(c)/52 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per the prosecution case, 45 litres of illicit country made liquor was recovered near the pond.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48329 of 2023(2) dt.08-08-2023 2/2 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 name of the petitioner has sprung up on the disclosure made by the accused person who was apprehended on the spot. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 10.06.2023.

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, Sheikhpura in connection with Korma P.S. Case No. 155 of 2022 (Excise Case No. 619 of 2022).

8. The application stands allowed.

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