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Patna High CourtCR. MISC./11730/2023allowed

Rajan Kumar Ram v. The State Of Bihar

2023-04-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11730 of 2023 Arising Out of PS. Case No.-924 Year-2022 Thana- BAGHA District- West Champaran ====================================================== Rajan Kumar Ram S/O Late Hira Ram R/V- Naraipur, Ward No. 12, P.S.- Bahaga (Pathkhauli), District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prerna Anand For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 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),(b),(c) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 10 litres of country made liquor from a motorcycle bearing registration number BR-22AS-8236 and from house of the petitioner.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.11730 of 2023(2) dt.21-04-2023 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery, motorcycle in question or with the place of occurrence. Nothing incriminating has been recovered from his conscious possession. He is languishing in judicial custody since 30.12.2022. 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, period under custody as well as meagre quantity of liquor has been recovered, 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 Judge, Excise, Bagaha, West

Patna High Court CR. MISC. No.11730 of 2023(2) dt.21-04-2023 3/3 Champaran in connection with Bagaha P.S. Case No. 924 of 2022.

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