Ram Eqbal Kumar @ Bauna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7318 of 2023 Arising Out of PS. Case No.-909 Year-2022 Thana- FATUA District- Patna ====================================================== RAM EQBAL KUMAR @ BAUNA Son of Vineshwar Paswan @ Bindeshwar Paswan R/v- Parsa, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Fatuha P.S. Case No. 909 of 2022 dated 11.12.2022 registered for the offences punishable under Sections 30(a) and 37(2) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 60 litres of illicit country made liquor and the same is stated to have been recovered from an open place and the petitioner and two co-accused persons were apprehended at the spot as per prosecution and in fact, the petitioner was falsely roped in this case and he had no concern to the alleged place of recovery and he has fair and clean antecedent and against him, the investigation has been completed and in the present matter, he

Patna High Court CR. MISC. No.7318 of 2023(2) dt.01-05-2023 2/2 has been languishing in jail since 12.12.2022.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and his custody period and completion of the investigation against him and also the fact that the alleged recovery of the liquor was made before two official persons, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 Court concerned in connection with Fatuha P.S. Case No. 909 of 2022. (Shailendra Singh, J) annu/- U T