Banti Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11443 of 2023 Arising Out of PS. Case No.-57 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== BANTI RAM S/o Suresh Ram R/o Mohalla- Purani Bazar, P.S.- Jamui, DisttJamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== 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 has prayed for regular bail in a case registered for the offence punishable under sections 272, 273/34 of the IPC and Section 30(a), 36 & 41(1) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 2160 liters of illicit liquor from a truck bearing Registration no. CG04-DM/4088.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question from where the recovery

Patna High Court CR. MISC. No.11443 of 2023(2) dt.04-05-2023 2/2 has been made. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession rather his name has been transpired in this case on the basis of confession made by co-accused namely, Vikash kumar Modi. It is further submitted that the petitioner is languishing in judicial custody since 2.12.2022. Learned APP appearing for the State has vehemently 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 released on bail in connection with Malaypur P.S. Case No. 57 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Court Excise-I, Jamui.

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