Ram Sanehi Bhagat @ Ram Saheli Bhagat @ Bijendra Bhagat @ Vijendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14387 of 2023 Arising Out of PS. Case No.-258 Year-2021 Thana- MAHESI District- East Champaran ====================================================== RAM SANEHI BHAGAT @ RAM SAHELI BHAGAT @ BIJENDRA BHAGAT @ VIJENDRA KUMAR SINGH Son of Basdev Bhagat @ Vasdev Bhagat R/v- Bathna, P.S.- Mehsi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 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 section30(a), 32, 41(i) of the Bihar Prohibition and Excise Act. According to the FIR, prosecution case relates to recovery of total 3168.085 liters of illicit foreign liquor from a truck bearing Registration no. UP21CN-5199 which was overturned in a field. The petitioner is alleged to have indulged in business of illicit liquor.

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 on

Patna High Court CR. MISC. No.14387 of 2023(3) dt.17-07-2023 2/2 the basis of suspicion. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 5.12.2022.

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 as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Mehsi P.S. Case No. 258 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 Exclusive Special Excise Court No.1, East Champaran, Motihari.

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