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Patna High CourtCR. MISC./83756/2023allowed

Rawan Kumar Rai @ Ravi Rai v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83756 of 2023 Arising Out of PS. Case No.-313 Year-2023 Thana- DORIGANJ District- Saran ====================================================== RAWAN KUMAR RAI @ RAVI RAI SON OF NIWAS RAI R/O VILLAGECHAKIYA, P.S.- DORIGANJ, DIST.- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambar Narayan For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 129.6 liters of illegal English wine from an Auto.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. He submitted that co-accused, who apprehended on spot and on his confessional statement the name of the petitioner has come into light. No

Patna High Court CR. MISC. No.83756 of 2023(2) dt.04-01-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 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-II, Saran in connection with Doriganj P.S. Case No. 313 of 2023. (Sunil Kumar Panwar, J) Arish/- U T