Rajesh Ram @ Rajesh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16299 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== Rajesh Ram @ Rajesh Kumar Ram S/O Late Nagina Ram R/O VillageBhagwanpur Chati (BHAGWANPUR Chhati Chatti), P.S- Bhagwanpur, Distt.- Muzaffarpur.

... ... Petitioner/S

Versus

The State Of Bihar A G Office Patna High Court Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Dumariyaghat P.S. Case No. 237 of 2022 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 206.280 liters foreign liquor which was recovered from Safari vehicle bearing Reg. No. HR-26-BT-9998.

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

Patna High Court CR. MISC. No.16299 of 2023(2) dt.10-05-2023 2/3 this present case due to high handedness of the police. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. No any incriminating article has been recovered from his possession. It is further submitted that seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C. The petitioner is languishing in judicial custody since 12.11.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumariyaghat P.S. Case No. 237 of 2022 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

Patna High Court CR. MISC. No.16299 of 2023(2) dt.10-05-2023 3/3 Excise Court No-2 East Champaran, Motihari.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manish/- U T