Ramesh Kumar @ Ramesh Kumar Arora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11085 of 2023 Arising Out of PS. Case No.-528 Year-2022 Thana- PHULWARIYA District- Gopalganj ====================================================== RAMESH KUMAR @ RAMESH KUMAR ARORA S/O LATE HARICHANDRA Resident of Village- Ward No.- 2, Amar Colony Chack 3STR Dharshana, P.S.- Dharshana, District- Ganganagar, State Rajasthan. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baijnath Sah For the Opposite Party/s :
Mr. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner prayed for regular bail in connection with Phulwariya P.S. Case no. 528 of 2022 instituted for the offence under Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of a huge quantity of 3357 liters of illicit foreign liquor from the truck bearing Registration no. GT34T-2143 and the petitioner is alleged to be driver of the said vehicle who tried to flee away but police party apprehended him on spot.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.11085 of 2023(2) dt.04-05-2023 2/3 offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from his possession. It is further submitted that the petitioner is languishing in judicial custody since 28.12.2022.
Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner was apprehended on spot with the said truck from where the illicit liquor has been revered.
The petitioner is directed to deposit a sum of Rs 60,000/- (Sixty Thousand) in the District Legal Services Authority of concerned District.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulwariya P.S. Case No. 528 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 ADJ-II-cum-Special Excise Judge Court No.-1, Gopalganj.
The bail bonds of the petitioner shall be accepted by
Patna High Court CR. MISC. No.11085 of 2023(2) dt.04-05-2023 3/3 the learned court below on showing the receipt of deposit of Rs. 60,000/- (Rs. Sixty thousand) by the petitioner in the account of the concerned DLSA.
(Sunil Kumar Panwar, J) Amandeep/- U T