← Library
Patna High CourtCR. MISC./76691/2023allowed

Rajesh Rai @ Rajesh Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76691 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Rajesh Rai @ Rajesh Kumar Son Of Ram Ayodhya Rai R/O Vill - Motnaje, P.S. - Chiraiya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 225.825 litres of illicit liquor from the house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered

Patna High Court CR. MISC. No.76691 of 2023(2) dt.01-12-2023 2/2 from the conscious possession of the petitioner. The house in question was abandoned house. The petitioner is languishing in custody since 27.07.2023.

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 Exclusive Special Excise Court No. 1, I/C, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 209 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T