Mister Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39213 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- DHANKUND District- Banka ====================================================== 1.

MISTER RAM SON OF MAHESHWAR DAS RESIDENT OF VILLAGEMARAR DAKSHIN TOLA, P.S -MORKAHI, DISTRICT- KHAGARIA 2.

NAVIN KUAMR SON OF VIJAY SHANKAR THAKUR RESIDENT OF VILLAGE- SARVODAY NAGAR, PS- CHITRAGUPT NAGAR, DISTTKHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioners have preferred this application for grant of regular bail in connection with Special Excise No 218 of 2023 arising out of Dhankund PS Case No 41 of 2023 dated 08.04.2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 90 litres of Indian made foreign liquor was recovered from the Tata Indigo Car. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.39213 of 2023(2) dt.05-07-2023 2/2 this case. The petitioners bear clean antecedents, as stated in paragraph 3 of the bail petition. They are in custody in this case since 09.04.2023. It is further submitted that the petitioner No 1 is the driver and the petitioner No 2 is the owner of the vehicle. Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioners, the petitioners above named are directed to be released on bail on each of them furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Session Judge II, Banka in Special Excise No 218 of 2023 arising out of Dhankund PS Case No 41 of 2023 dated 08.04.2023. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T