Patna High CourtCR. MISC./51116/2023allowed

Rana Kumar @ Rana Yadav @Rana Phauji v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51116 of 2023 Arising Out of PS. Case No.-338 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== RANA KUMAR @ RANA YADAV @RANA PHAUJI SON OF LATE GANESHI YADAV @ LATE GANESH YADAV R/O-DHOBINIA, P.S.- NAUGACHIA, DISTT.-BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 37/45 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, two persons came out from the vehicle and trying to flee but they have been caught with the help of police party. During enquiry, they disclosed their name as petitioner and other co-accused, it is further alleged that both apprehended persons have found in the state of drunkness.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.51116 of 2023(2) dt.11-08-2023 2/2 committed no offence. The petitioner is Ex-Army force. The only allegation against the petitioner is that he was found in drunkenness condition. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 06.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Naugachia P.S. Case No. 338 of 2022.

(Sunil Kumar Panwar, J) arish/- U T