Brajendra Kumar @ Brajendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57935 of 2023 Arising Out of PS. Case No.-1163 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== BRAJENDRA KUMAR @ BRAJENDRA KUMAR RAI SON OF LATE RAMDEO RAY RESIDENT OF VILLAGE - BABHANGAMA, P.S. - RIGA, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 366.125 liters of illicit foreign liquor from the warehouse of TBC Cargo Private Limited.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in the present case by the informant due to ulterior motives. He no concern with the alleged recovery or with the place of occurrence. No any

Patna High Court CR. MISC. No.57935 of 2023(2) dt.01-09-2023 2/2 incriminating article has been recovered from his conscious possession. The other co-accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 48205 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 03.06.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Excise Case No. 1163 of 2023. (Sunil Kumar Panwar, J) lata/- U T