Patna High CourtCR. MISC./60771/2023allowed

Sanjay Rai @ Sanjay Kumar v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60771 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- DORIGANJ District- Saran ====================================================== Sanjay Rai @ Sanjay Kumar Son Of Late Akalu Rai @ Late Akhileshwar Prasad Resident Of Village- Kajipur, Ps -DORIGANJ, District -SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise Act.

3. As per prosecution case, it is a case of recovery of total 120 liters illegal liquor from a vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner was apprehended on the spot nor vehicle in question belongs to him. It is further submitted that nothing has been recovered

Patna High Court CR. MISC. No.60771 of 2023(2) dt.22-09-2023 2/2 from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 31.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Doriganj P.S. Case No. 181 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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