Raushan Kumar @ Kaliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72387 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- NAYAGAON District- Saran ====================================================== Raushan Kumar @ Kaliya Son Of Chandrashekhar Singh @ Chandeshwar Kumar @ Chandeshwar Singh R/O Village- Sahdullahpur, P.S.- Ganga Bridge, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 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 Sections 30(a), 32(i)(iii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there has been recovery of 2349.75 liters of illegal IMFL from a container.

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. The name of the petitioner has come into light on the basis of confessional statement of co-accused Rakesh Kumar @ Dhillu,

Patna High Court CR. MISC. No.72387 of 2023(2) dt.09-11-2023 2/2 which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. Further, it is submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 24.07.2023 passed in Cr. Misc. No. 41914 of 2023. He is languishing in judicial custody since 27.09.2023.

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 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Nayagaon P.S. Case No. 19 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T