Ramkeshwar Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21689 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- DOBHI District- Gaya ====================================================== Ramkeshwar Bhuiyan Son of Daresh Bhuiyan Resident of village - Pandari Kala, P.S.- Hunterganj, District - Chatra, State - Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No. 2, Advocate Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Dobhi P.S. Case No. 49 of 2023 dated 10.01.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 48 litres of Indian made English wine and the same is stated to have been recovered from passenger tempo, infact the petitioner was present in the said tempo in the capacity of its driver and he was performing his duty at the instruction of tempo's owner and as per FIR, the said tempo's owner and co-accused Ajay Sao were mainly indulged in illegal activity of alleged wine and the

Patna High Court CR. MISC. No.21689 of 2023(2) dt.11-05-2023 2/2 petitioner has fair and clean antecedent and against him the investigation has been completed and he has been languishing in jail since 10.01.2023. Further submission is that he is a very poor person and dependent on the profession of driving. 4.

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

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Dobhi P.S. Case No. 49 of 2023.

(Shailendra Singh, J) Shahnawaz/- U T