Patna High CourtCR. MISC./65435/2023allowed

Harendra Raut v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65435 of 2023 Arising Out of PS. Case No.-417 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== HARENDRA RAUT Son of Late Ram Khelawan Raut Resident of Village Bankat Mushari Tola, Ward No. 03, P.S.-Majhaulia, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 165 liters of illegal liquor from the joint possession house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine in question. Petitioner has not apprehended on spot. He submitted that the petitioner is living at joint house possession, where the recovery has been made

Patna High Court CR. MISC. No.65435 of 2023(2) dt.13-10-2023 2/2 and not belongs to the petitioner itself. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 27.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 417 of 2023.

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