Patna High CourtCR. MISC./79123/2023allowed

Raju Kumar @ Raju v. The State Of Bihar

2023-12-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79123 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== Raju Kumar @ Raju S/O Late Santosh Rathore @ Santosh Nut VillageSahjanand Sarswati Colony, Dumaria, Bihta, Po- Bihta, Ps. Bihta, Distt. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 332, 333, 338, 353 and 427 of the Indian Penal Code, Section 152 of Railway Act and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 24.5 liters of IMFL from Danapur Railway station. Apprehended person disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He was not apprehended on spot and also nothing has been recovered from his conscious

Patna High Court CR. MISC. No.79123 of 2023(2) dt.08-12-2023 2/2 possession. He has no concern with the seized liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rail Danapur P.S. Case No. 190 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Excise Judge, Danapur. (Sunil Kumar Panwar, J) Shubham/- U T