Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62339 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- PARANDABAR District- Nawada ====================================================== Raju Singh, Male, aged about 36 years, S/o Sahdev Sinh @ Kolhu Singh, R/o Village - Sirisiyatand, Police Station - Fatehpur, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Deepak Kumar, Advocate For the Opposite Party :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Parandabar P.S. Case No. 311 of 2023 dated 29.11.2023 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 720 litres country made liquor was recovered from seven motorcycles in question.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the name of the petitioner has

Patna High Court CR. MISC. No.62339 of 2024(2) dt.19-09-2024 2/3 come in the present case only on the basis of secret information furnished by the informant. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. No incriminating article was recovered either from the possession of the petitioner nor from his house. The petitioner is neither the owner of the any seized motorcycle nor he has concern with the alleged seized illicit liquor. It is submitted that the other co-accused person, namely, Akhilesh Kumar has already been granted bail by a Bench of this Court vide Cr. Misc. No. 61939 of 2024 under order dated 12.09.2024. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 23.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Nawada in connection with Parnadabar P.S. Case No. 311 of 2023.

Patna High Court CR. MISC. No.62339 of 2024(2) dt.19-09-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T