Dorjee Phuntso Khirme v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20716 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== DORJEE PHUNTSO KHIRME Son of Nima Tsering Khirme R/o E-41, Zoo Road, P.S.- Chimpu, Itanagar, District - Papumpare (Arunachal Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-05-2023 Heard learned counsel for the parties.

This application, for grant of regular bail, arises out of Special Excise Case No. 602 of 2022 arising out of Naubatpur Police Station Case No. 221 of 2022, registered for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 32(i), (ii), (iii), 36 and 41 (I), (ii) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

It is alleged that 3564 litres of illicit foreign liquor has been recovered from the Alto Car bearing Registration No. BR06CN-9894 of the petitioner. The petitioner is in custody since 23.12.2022 and he has five criminal antecedent. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this

Patna High Court CR. MISC. No.20716 of 2023(2) dt.22-05-2023 2/3 case.

Learned counsel for the petitioner further submits that the petitioner has offered to pay Rs. 1,00,000/- in Ramkrishna Mission, Patna without accepting his guilt.

Considering the fact and circumstances of the case, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Danaur, in connection with Special Excise Case No. 602 of 2022 arising out of Naubatpur Police Station Case No. 221 of 2022.

The petitioner shall deposit an amount of Rs. 1,00,000/- (Rupees one lakh) as has been offered by him, in the Ram Krishna Mission Sevashrama, Patna and will produce the receipt of the same at the time of furnishing the bail bonds in the Court below. The bail bonds of the petitioner shall be accepted only after he produces the receipt of Rs.1,00,000/ (Rupees one lakh only) issued by the Ram Krishna Mission, Patna and after verification of the genuineness of the said receipt from concerned Ram Krishna Mission, Patna.

Since the petitioner is from Arunachal Pradesh, the Court below is directed to verify the recent address of the

Patna High Court CR. MISC. No.20716 of 2023(2) dt.22-05-2023 3/3 petitioner before releasing him and one of the bilaors should be blood relative of the petitioner and he shall be released on bail. The verification process shall be initiated by Court below just after the communication of the copy of this order to the Court below.

(Sandeep Kumar, J) sanjeev/- U T