Patna High CourtCR. MISC./80592/2023allowed

Raj Kumar Singh v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80592 of 2023 Arising Out of PS. Case No.-264 Year-2023 Thana- TARAIYA District- Saran ====================================================== Raj Kumar Singh Son Of Late Harihar Singh Resident Of Village - Harakhpura, P.O. And P.S. - Taraiya, District - Saran At Chapra ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 34.560 litres of illicit liquor from fodder house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article

Patna High Court CR. MISC. No.80592 of 2023(2) dt.14-12-2023 2/2 has been recovered from his conscious possession. There is no independent witness of the alleged seizure. He is languishing in judicial custody since 19.08.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Exclusive Special Judge Excise Court No. 3, Saran, Chapra in connection with Taraiya P.S. Case No. 264 of 2023.

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