Patna High CourtCR. MISC./658/2024allowed

Arjun Rai v. The State Of Bihar

2024-01-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.658 of 2024 Arising Out of PS. Case No.-290 Year-2017 Thana- MASHRAK District- Saran ====================================================== Arjun Rai S/O Rajgirih Rai, R/O Vill-Bankat, P.S- Bhagwanpur Hat, DistSiwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Gaurav Prakash For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 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 272, 273 of Indian Penal Code and Section 30, 30(a), 38, 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 6000 litres of spirit from a Truck bearing Reg. No. UP-14GT-3055. 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 vehicle in question. The name of the petitioner sprang up in this case on the basis of secret

Patna High Court CR. MISC. No.658 of 2024(2) dt.23-01-2024 2/2 information. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 17.10.2023.

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 Excise Judge II, Saran, Chapra in connection with Mashrak P.S. Case No. 290 of 2017.

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