Ramjanm v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5320 of 2022 Arising Out of PS. Case No.-240 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== Ramjanm Son of Ram Sidhre Resident of Village- Otghanpur, P.S.- Jaysinghpur, District- Sultanpur (U.P.).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Piprakothi P.S. Case No. 240 of 2021, registered for the offence punishable punishable under Sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. 5250 litres of spirit and 147 bags of Konark cement has been recovered from a truck of which this petitioner was driver.
It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment and has got no concern with the seized liquor. Petitioner is in custody since 27.09.2021 having no criminal
Patna High Court CR. MISC. No.5320 of 2022(2) dt.04-04-2022 2/2 antecedent, as stated in para 3 of the petition. Investigation is complete.
Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Motihari, East Champaran in connection with Piprakothi P.S. Case No. 240 of 2021.
(Prabhat Kumar Singh, J) vinita/- U T