Ram Kishun Sao @ Ramkishun Sah @ Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13077 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== Ram Kishun Sao @ Ramkishun Sah @ Sah Son Of Late Chalittar Sao @ Chalittar Sah @ Sah R/V- Mirzapur, P.S.- Barauni (Chakiya Op) DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Rina Sinha ====================================================== 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 30 litres of country made liquor from a motorcycle bearing Reg. No. BR-09AD-6824. Petitioner is alleged to be apprehended on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.13077 of 2023(2) dt.05-05-2023 2/3 he has committed no offence. He has falsely been implicated in the present case due to high handedness of the police. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 23.07.2022. Similarly situated co-accused, Sanjit Kumar has been granted bail vide order dated 02.12.2022, passed in Cr. Misc. No. 55882 of 2022 by the coordinate Bench of this Court. 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 to the satisfaction of the learned Special Exclusive Excise

Patna High Court CR. MISC. No.13077 of 2023(2) dt.05-05-2023 3/3 Court No. 1, Begusarai in connection with Fulwaria P.S. Case No. 126 of 2022.

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