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Patna High CourtCR. MISC./74617/2023allowed

Rajesh Ram v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74617 of 2023 Arising Out of PS. Case No.-649 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Rajesh Ram Son Of Sudeshwar Ram R/O Village- Chhaterpur, P.S.- Risiup, Dist.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 120.6 litres of illicit Indian made foreign liquor.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the place of seizure

Patna High Court CR. MISC. No.74617 of 2023(2) dt.04-12-2023 2/2 or the illicit liquor. The petitioner is languishing in custody since 18.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, ExciseII, Aurangabad in connection with Excise P.S. Case No. 649 of 2023.

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