Rajendra Kumar @ Rajendar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76279 of 2023 Arising Out of PS. Case No.-556 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Rajendra Kumar @ Rajendar Kumar S/O Chatan Mahto @ Chatan Singh Village- Damodarpur Housing Board Colony, Ps. Kanti, Dist. Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 30(a), 32(i)(ii), 41(i) of the Bihar Prohibition and Excise Act and Sections 25(1-b)a, 26, 35 of Arms Act.

It is a case of recovery of 71.250 litres of IMFL and one country made pistol from a room on the eastern side of the road behind Narayani Petrol Pump.

Patna High Court CR. MISC. No.76279 of 2023(3) dt.09-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case on the basis of secret information. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. He has no concern with the alleged recovery or with the place of seizure. Petitioner has been remanded in this case on 08.09.2023 from Excise P.S. case No. 1479 of 2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Kanti P.S. Case No. 556 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.76279 of 2023(3) dt.09-01-2024 3/3 the satisfaction of the learned Special Judge (Excise), Court No. II, Muzaffarpur.

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