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Patna High CourtCR. MISC./64058/2023allowed

Rohit Uraon @ Rohit Urao v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64058 of 2023 Arising Out of PS. Case No.-537 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Rohit Uraon @ Rohit Urao Son Of Govind Uraon Village Mahua Ps Semara District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case relates to recovery of 27.5 liters country made liquor from a bag on a motorcycle. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. He has no concern with the alleged recovery of liquor or with the vehicle in question. The name of the petitioner has been transpired in this case on the basis of confessional statement of apprehended co-accused Vijay Kumar, before the

Patna High Court CR. MISC. No.64058 of 2023(2) dt.11-10-2023 2/2 police which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 18.08.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Special Judge, Excise, Bagaha, West Champaran in connection with Bagaha (Bhairoganj) P.S. Case No. 537 of 2023. (Sunil Kumar Panwar, J) lata/- U T