Rajdeo Bhuiyan @ Rajdev Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65147 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Rajdeo Bhuiyan @ Rajdev Bhuiya S/O Hemraj Bhuiyan @ Hemraj Manjhi Resident Of Village- Kewal, P.S- Parnadabar, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(c), 41 of the Excise Act in connection with Parnadabar P.S. Case No.66 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and allegation is of recovery of 2700 liters of fermented Mahua from Bank of a river.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of local

Patna High Court CR. MISC. No.65147 of 2024(2) dt.20-09-2024 2/2 people, but then police in majority of the cases implicates either at the instance of the 'Chowkidar', local person, secret information or confessional statement in a mechanical manner without holding proper investigation. It is also submitted that once a person is implicated in a case relating to excise, in that event the police starts implicating mechanically and at times to save the real culprits. It is next submitted that petitioner is in custody since 10.07.2024.

5. The learned APP for the State opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000 /- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court, I, Nawada in connection with Parnadabar P.S. Case No.66 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T