Patna High CourtCR. MISC./60789/2023allowed

Mahesh Rai @ Mahesh Yadav v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60789 of 2023 Arising Out of PS. Case No.-288 Year-2021 Thana- BHAGWAN BAZAR District- Saran ====================================================== Mahesh Rai @ Mahesh Yadav Son Of Jawahir Ray @ Jawahar Rai VillageAjayabganj Ps- Bhagwan Bazar Dist- Chapra Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raushan Raj For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 200 litres of illicit country made liquor and a motorcycle from the orchard. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery was made from an open space. The petitioner

Patna High Court CR. MISC. No.60789 of 2023(2) dt.15-09-2023 2/2 was not arrested from the spot. Moreover, the illicit liquor, place of seizure or motorcycle do not belong to the petitioner. The petitioner is languishing in custody since 27.06.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge-cum-1st Exclusive Special Judge, Excise, Saran at Chapra in connection with Bhagwan Bazar P.S Case No. 288 of 2021.

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