Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4122 of 2023 Arising Out of PS. Case No.-443 Year-2021 Thana- GARDANIBAG District- Patna ====================================================== SANJAY RAM Son of Late Durga Ram R/o Yarpur Ambedkar Colony below Bhikhari Thakur Pool, P.S- Gardanibagh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 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 sections 30(a), 36 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 83.520 liters illicit foreign liquor from a room which allegedly belongs to the 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 on the basis of suspicion. Petitioner has no concern with the alleged recovery of illicit liquor and nothing incriminating article has been recovered from his conscious or constructive possession. It

Patna High Court CR. MISC. No.4122 of 2023(2) dt.05-04-2023 2/2 is further submitted that the seizure list has not been prepared according to law. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover the petitioner is languishing in judicial custody since 12.10.2022.

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 period of 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 Gardanibagh P.S. Case No. 443 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T