Patna High CourtCR. MISC./64901/2023bail granted

Premchandra Rai v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64901 of 2023 Arising Out of PS. Case No.-298 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Premchandra Rai Son Of Jaymangal Rai R/O Vill - Kutubpur, Ward No. 06, P.S. - Bidupur, Dist. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Rajapakar P.S. Case No. 298 of 2023 dated 20.08.2023 registered for the offences punishable u/s section 414 read with section 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 200 litres of country made liquor was recovered from two different scooties.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.64901 of 2023(2) dt.12-10-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.08.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 298 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T