Patna High CourtCR. MISC./68768/2023bail granted

Rajiv Kumar @ Rajiv Paswan v. The State Of Bihar

2023-11-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68768 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== Rajiv Kumar @ Rajiv Paswan Son Of Sukhu Paswan @ Sukhdev Paswan R/O Vill And P.S. - Deep Nagar, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Deepnagar P.S. Case no.101 of 2022 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, it is stated that on secret information having been received, a raid was conducted. On seeing the police personnel the accused persons escaped and 37.125 litres of IMFL was recovered. The petitioner was identified as one of the accused who managed to escape.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case because of his antecedents. He is in custody since 26.6.2023 and charge-

Patna High Court CR. MISC. No.68768 of 2023(2) dt.01-11-2023 2/2 sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, his not having been arrested at the spot, his being in custody since 26.6.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Deepnagar P.S. Case no.101 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 Additional District Judge-V cum- Exclusive Special Excise Judge-I, Nalanda at Biharsharif.

(Partha Sarthy, J) Shiv/- U T