Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2412 of 2023 Arising Out of PS. Case No.-503 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== RAM KUMAR Son of Sri Shankar Sah Resident of village - Noneya, P.S.- Paharpur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution story, after getting secret information, the police party arrested this petitioner along with co-accused person. On search, 23.4 liters India Made Foreign Liquor has been recovered from motorcycle bearing BR05AP5731 which alleged to be driven by this petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with

Patna High Court CR. MISC. No.2412 of 2023(2) dt.03-04-2023 2/2 the alleged recovery of illicit liquor and so far as motorcycle is concerned, the same belongs to Dinesh Kumar Sah, brother-inlaw of the petitioner and in support of this Annexure-2 has been annexed with this petition. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 23.9.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nautan P.S. Case No. 503 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, West Champaran at Bettiah.

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