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Patna High CourtCR. MISC./65956/2023bail granted

Raman Kumar @ Bambam Kora v. The State Of Bihar

2023-10-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65956 of 2023 Arising Out of PS. Case No.-43 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Raman Kumar @ Bambam Kora Son Of Bishundeo Kora Resident Of Village- Sri Kishun Korasi, Ps- Kajra, Distt- Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Kajra P.S. Case no.43 of 2018 registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case it is stated that seeing the police personnel, the accused persons who were on their motorcycle made an attempt to escape. While one of the accused namely Rajesh Kora was arrested, four of them abandoned their sacks on their motorcycles and escaped. One of the accused who escaped was identified as the petitioner herein. As per the FIR total 60 litres of liquor was recovered from the motorcycle of the petitioner.

4.It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.65956 of 2023(2) dt.18-10-2023 2/2 that the allegation as levelled in the F.I.R. are false and concocted. Neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. He has no antecedent under Bihar Prohibition and Excise Act, 2016. He is in custody since 19.7.2023. Charge-sheet has been submitted in the case.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR with the petitioner not having any criminal antecedent under Bihar Prohibition and Excise Act, 2016 and charge-sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Kajra P.S. Case no. 43 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge V-cumExclusive Special Court-2 Excise Act, Lakhisarai. (Partha Sarthy, J) ajay/- U T