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Patna High CourtCR. MISC./53724/2023allowed

Rakesh Kumar Raushan @ Bittu v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53724 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- ALIPUR District- Gaya ====================================================== Rakesh Kumar Raushan @ Bittu S/O Vijay Paswan R/O Village- Bohiya, Ps. Alipur, Dist. Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 393 of the Indian Penal Code.

As per prosecution case, the petitioner along with a motorcycle was apprehended in drunken condition. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. It is further submitted that nothing looted article has been recovered from his conscious possession.

Patna High Court CR. MISC. No.53724 of 2023(3) dt.28-08-2023 2/2 Moreover, the petitioner is languishing in judicial custody since 13.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alipur P.S. Case No. 45 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No-2, Gaya.

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