Patna High CourtCR. MISC./72268/2024bail granted

Raju Kumar @ Rajesh Kumar v. The State Of Bihar

2024-10-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72268 of 2024 Arising Out of PS. Case No.-588 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Raju Kumar @ Rajesh Kumar Son of Late Binay Chaudhary R/o - Sirdalla, Ward No.03, P.S - Sirdalla, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 588 of 2024 dated 25.08.2024 registered for the offences punishable u/ss 30(a) and 45 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 105 litres of illicit country made liquor was recovered from the Rajauli Bus Stand near sewer.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case

Patna High Court CR. MISC. No.72268 of 2024(2) dt.05-10-2024 2/2 merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.08.2024.

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

6. 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, Nawada in connection with Excise P.S. Case No. 588 of 2024.

7. The application stands allowed.

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