Bhajan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70288 of 2023 Arising Out of PS. Case No.-474 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Bhajan Rai Son Of Late Mahabir Rai Resident Of Village- Baghra, Ps- Patori, Mohanpur (Op), Distt- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeswari Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 113.06 liters of illegal liquor from Batthan.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. He submitted that the petitioner has no concern with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner rather the as alleged recovery has been made behind the house of the petitioner. He is

Patna High Court CR. MISC. No.70288 of 2023(2) dt.06-11-2023 2/2 languishing in judicial custody since 05.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Shahpur Patori P.S. Case No. 474 of 2023. (Sunil Kumar Panwar, J) Arish/- U T