Balendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5252 of 2024 Arising Out of PS. Case No.-702 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Balendra Ram S/O Mangal Ram R/O Village- Biropur, P.S- Hajipur Sadar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 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 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 827.640 litres of illicit Indian made foreign liquor from the house of co-accused Abhay Ram. The petitioner is alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.5252 of 2024(2) dt.07-02-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not 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 person or the illicit liquor. The petitioner is languishing in custody since 14.11.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Exclusive Special Judge, Excise Court-I-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur

Patna High Court CR. MISC. No.5252 of 2024(2) dt.07-02-2024 3/3 Sadar P.S. Case No. 702 of 2023.

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