Bhajan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66980 of 2023 Arising Out of PS. Case No.-469 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Bhajan Rai Late Mahabir Rai Resident Of Village- Baghra, P.S.-Patori Mohanpur (O.P.), District-Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeswari Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 45 litres illicit liquor from the bathan of the petitioner and petitioner managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. The name of the petitioner has been disclosed in this case by the local villager before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor

Patna High Court CR. MISC. No.66980 of 2023(2) dt.01-11-2023 2/2 any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 27.07.2023.

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 Spl. Excise Judge No. 2, Samastipur in connection with Patori (Mohanpur O.P.) P.S. Case No. 469 of 2023.

(Sunil Kumar Panwar, J) sushma/- U