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Patna High CourtCR. MISC./17430/2023allowed

Shambhu Ram @ Sambhu Ram v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17430 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== SHAMBHU RAM @ SAMBHU RAM Son of Biltu Ram @ Siltu Ram R/VRaima, Ward no. 11, P.s- Saharghat, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 1440 liters of illicit liquor from a pick up vehicle bearing Registration no. BR06GB-2180 and the petitioner was alleged to be arrested on spot.

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. A statement has been made in para-3 of the petition that the

Patna High Court CR. MISC. No.17430 of 2023(2) dt.12-05-2023 2/2 petitioner has got no criminal antecedent. Petitioner is neither the owner nor driver of the said vehicle and he has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 22.1.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Benipatti P.S. Case No. 11 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IICum-Special Judge, Excise Act, Madhubani. (Sunil Kumar Panwar, J) Amandeep/- U T