Patna High CourtCR. MISC./11970/2024bail granted

Ram Parwesh Sahani v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11970 of 2024 Arising Out of PS. Case No.-529 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Ram Parwesh Sahani S/o Bangali Sahani R/o vill - Vikarampur, P.S. - D.K. Shikarpur, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kateya P.S. Case No.529 of 2023 instituted for the offences punishable under Section 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that there is recovery of 960.840 liters of countrymade liquor from Tata Magic Van.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner next submits that nothing has been recovered from the possession of the petitioner and petitioner is the driver of the said van. Learned counsel for the petitioner further submits that petitioner is not

Patna High Court CR. MISC. No.11970 of 2024(2) dt.23-02-2024 2/2 the owner of Tata Magic Van and has no concern with the seized liquor. Learned counsel next submit that petitioner is in custody since 22.12.2023. The learned counsel for the petitioner lastly submits that there is non-compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the entire facts and circumstance of the case and taking into account the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kateya P.S. Case No.529 of 2023.

(Rudra Prakash Mishra, J) Prakash Narayan U T