Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13071 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- SUPPI District- Sitamarhi ====================================================== Ramesh Kumar S/O Hulash Mahto R/V- Pacharwa, P.S.- Mejorganj, DistrictSitamarhi ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Mishra For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== 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 414, 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 864 litres of Nepali liquor and 53.79 litres of I.M.F.L. from Sumo victa vehicle bearing Reg. No. BR-30B-0939 and 36 litres of nepali liquor from a motorcycle. Petitioner is
Patna High Court CR. MISC. No.13071 of 2023(2) dt.05-05-2023 2/3 alleged to be apprehended from aforesaid Sumo Victa vehicle.
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 alleged recovery or with the vehicle in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 2.11.2022. 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, 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 two sureties of the like amount each
Patna High Court CR. MISC. No.13071 of 2023(2) dt.05-05-2023 3/3 to the satisfaction of the learned Exclusive Special Excise Court No. 1, Sitamarhi/ Concerned Court in connection with Suppi P.S. Case No. 366 of 2022.
(Sunil Kumar Panwar, J) Nirajkrs/- U T