Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62136 of 2021 Arising Out of PS. Case No.-149 Year-2021 Thana- PARIHAR District- Sitamarhi ====================================================== RAUSHAN KUMAR S/o JAY NARAYAN RAY R/o VILLAGE-PARWAHA, P.S- PARIHAR, DISTRICT-SITAMARHI (BIHAR).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Parihar PS case no. 149 of 2021 instituted for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

The allegation is regarding the police party having conducted a raid in the house of the petitioner, whereupon 54.375 liters of illicit wine was recovered and the petitioner was apprehended from the spot.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 19.08.2021.

Patna High Court CR. MISC. No.62136 of 2021(2) dt.09-06-2022 2/2 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Addl. District and Sessions Judge II-cum-Special Judge, Excise Act, Sitamarhi in connection with Parihar PS case no. 149 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T