Patna High CourtCR. MISC./52060/2023bail granted

Raushan Kumar v. The State Of Bihar

2023-08-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52060 of 2023 Arising Out of PS. Case No.-258 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Raushan Kumar S/O Ratan Paswan R/O Village- Chakumarkhan, Ps. Mahua, Dist. Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 52.125 litres of liquor from a hut and from a maize field of Jammu Singh. Further, one motorcycle was also seized.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be

Patna High Court CR. MISC. No.52060 of 2023(2) dt.16-08-2023 2/2 implicated at the instance of villagers, but then, the F.I.R. does not disclose the name of the villager, who disclosed the name of the petitioner. It is next submitted that petitioner is neither the owner of the seized motorcycle nor the maize field and the hut belongs to him.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Prohibition and Excise Court-IInd-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Mahua P. S. Case No.258 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T