Patna High CourtCR. MISC./3322/2023allowed

Vikash Kumar Ram v. The State Of Bihar

2023-05-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3322 of 2023 Arising Out of PS. Case No.-244 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== Vikash Kumar Ram Son Of Hiralal Ram Resident Of Village - Barai Pati, P.S.- Jadopur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 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 Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 521.310 litres of illicit liquor from a pick-up van. The petitioner is allegedly the driver of the 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. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.3322 of 2023(3) dt.01-05-2023 2/2 petitioner is driver of the seized vehicle and he had no knowledge about the illicit liquor being carried in the vehicle. The petitioner is languishing in custody since 08.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is directed to deposit a sum of Rs. 30,000/-(Rupees Thirty Thousands) in the District Legal Services Authority, Gopalganj.

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 District & Sessions Judge-IV-cum-Exclusive Special Excise CourtII, Gopalganj in connection with Gopalpur P.S. Case No. 244 of 2022.

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