Patna High CourtCR. MISC./55208/2023bail granted

Raju Singh v. The State Of Bihar

2023-09-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55208 of 2023 Arising Out of PS. Case No.-443 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== RAJU SINGH, Son of Ganesh Singh Resident of village - Bikramganj Teduni Tola, P.S. - Bikramganj, Distt. - Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarfraz Ahmad, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 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.

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 Excise P.S. Case No. 443 of 2023 dated 13.07.2023 registered for the offences punishable u/ss 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the petitioner was apprehended with a vehicle from which 267.84 litres of illicit foreign liquor was recovered from the dicky and beneath

Patna High Court CR. MISC. No.55208 of 2023(2) dt.01-09-2023 2/2 the seat of the said vehicle.

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 and 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 14.07.2023.

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, Kaimur at Bhabhua in connection with Excise P.S. Case No. 443 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T