Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13408 of 2023 Arising Out of PS. Case No.-409 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== Suresh Ram S/O Sri Anandi Das @ Anandi Ram R/O Village- Sarangpur, P.S.- Tajpur (Halai O.P.), And Distt- Samastipur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Aditya Prakash Sahay For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 1355.4 litres of Indian Made foreign Liquor from a Tata 407 vehicle bearing Reg. No. UP-13P-7423. 303 litres of illicit liquor from Maruti car.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the

Patna High Court CR. MISC. No.13408 of 2023(2) dt.05-05-2023 2/3 alleged recovery or with the vehicles in question. The name of the petitioner has been disclosed in this case by the apprehended co-accused, Kailash Ram, before the police, which has got no evidentiary value in the eye of law. There is no independent witness of the alleged seizure. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 06.12.2022 A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has 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 under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with

Patna High Court CR. MISC. No.13408 of 2023(2) dt.05-05-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise 2, Samastipur in connection with Tajpur P.S. (Halai O.P.) Case No. 409 of 2021.

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