Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65259 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== RAJ KUMAR Son of Ghuran Mahato Resident of Village - Singhiya Buzurg, P.S.- Bibhutipur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received, a raid was conducted and a total of 408.75 litres of liquor was recovered from the two vehicles. Amongst the accused who managed to escape, the petitioner was identified in the torchlight by the Choukidar.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for oblique reasons. Neither was he arrested at the spot nor any incriminating article recovered from his possession. He is in

Patna High Court CR. MISC. No.65259 of 2021(2) dt.21-04-2022 2/2 custody since 27.7.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot, his having remained in custody for 8 months, chargesheet having been submitted and the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Bibhutipur P.S. Case no.22 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge (Excise Act), Samastipur.

(Partha Sarthy, J) Saurabh/- U T