Patna High CourtCR. MISC./35823/2024bail granted

Ramesh Kumar Haluwai @ Ramesh Kumar Halaie @ Ramesh Kumar Halwai @ Ramesh Kumar Haluaie v. The State Of Bihar

2024-05-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35823 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Ramesh Kumar Haluwai @ Ramesh Kumar Halaie @ Ramesh Kumar Halwai @ Ramesh Kumar Haluaie Son of Shivmuni Prasad Resident of Kunj Bihari Ki Gali, Dumraon, P.S- Dumraon, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dumraon Excise P.S. Case No. 17 of 2024 dated 01.02.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 24.120 litres of illicit foreign made liquor was recovered from the bag which was kept on the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.35823 of 2024(2) dt.09-05-2024 2/2 recovery. The petitioner is the owner of the said vehicle and the same was being driven by him at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.01.2024

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar, in connection with. Dumraon Excise P.S. Case No. 17 of

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T