Raju Bhaskar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88464 of 2024 Arising Out of PS. Case No.-245 Year-2024 Thana- JANTA BAZAR District- Saran ====================================================== Raju Bhaskar Son of Heera Lal Prasad @ Heera Lal Resident of VillageBishunpur Tola, Dergichak, P.S.- Srirampur Karkhana, District- Deoriya (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishwajeet Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Janta Bazar PS Case No. 245 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 207.36 litres of foreign liquor was recovered from the house and go-down of Dharmendra Singh.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.88464 of 2024(6) dt.30-01-2025 2/3 The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is dealing in plastic water tank and in respect to his business he had come to meet co-accused Dharmendra Singh but in the meantime police raid took place and petitioner has also been apprehended under suspicion. The petitioner is in custody since 17.11.2024 and has got five criminal antecedents in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Janta Bazar PS Case No. 245 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.88464 of 2024(6) dt.30-01-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T