Raju Kumar @ Raju Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66154 of 2022 Arising Out of PS. Case No.-522 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Raju Kumar @ Raju Ranjan Kumar Son Of Sitaram Manjhi R/O VillageDhenuki, P.S.- Marhaura, DistrictSaran841418.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 328, 308, 307, 120B/34, 304 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation against the petitioner is to be engaged in illegal trading/business of spurious liquor, wherein after consumption some persons died.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He further submitted that the name of the petitioner has come into light only on the basis of confessional

Patna High Court CR. MISC. No.66154 of 2022(4) dt.22-03-2023 2/2 statement of co-accused Abhimanyu Kumar @ Monu Kumar. The petitioner is not named in the FIR. There is no material against the petitioner, nothing has been recovered from his house or his constructive possession. Learned counsel for the petitioner further submits that the others co-accused have already been granted bail by a Co-ordinate Bench vide order dated 07.12.2022 passed in Cr. Misc. No. 62564 of 2022/ 63468 of 2022. It is also submitted that petitioner is languishing in judicial custody since 30.08.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Madhaurah P.S. Case No. 522 of 2022 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 Special Judge, Excise, Saran.

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