Prem Kumar Rai @ Prem Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3656 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Prem Kumar Rai @ Prem Rai Son of Pawan Rai Resident of Village- Ekama, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273, 414, 467, 468, 420, 473 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 761.4 litres of illicit Indian made foreign liquor from a pick-up van.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not

Patna High Court CR. MISC. No.3656 of 2024(2) dt.31-01-2024 2/2 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused or seized vehicle or the illicit liquor. The petitioner is languishing in custody since 07.11.2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Raj Nagar P.S. Case No. 149 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T