Ramjee Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32023 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== RAMJEE JAISWAL, Son of LATE JAGARNATH JAISWAL, Resident of Village- Malahi Tola, Pakhnaha, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bairiya P.S. Case No. 45 of 2023 dated 21.02.2023 registered for the offences punishable u/s 414 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 2.5 litres of illicit country made liquor was recovered from the possession of the petitioner. The liquor was kept in the dicky of the black colored motorcycle. The petitioner was apprehended from the place of

Patna High Court CR. MISC. No.32023 of 2023(2) dt.22-05-2023 2/2 occurrence.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has further submitted that the petitioner has no concern with the seized motorcycle or the liquor. The petitioner has got one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as 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, West Champaran at Bettiah in connection with Bairiya P.S. Case No. 45 of 2023.

The application stands allowed.

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