Ramjeepaswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38539 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Ramjeepaswan Son of BatahuPaswan Resident of Village- Muratiya, P.SAdapur, Dist- East Champaran, Motihari 2.

Saroj Patel Son of Prabhu Patel Resident of Village- Arada, P.S- Adapur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seeks regular bail in connection with Muffasil P.S. Case No. 142 of 2024 lodged on 22.03.2024 under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the prosecution case, F.I.R. has been lodged against two named accused persons against whom there is an allegation of recovery of 153 Litres of Nepali Wine.

4. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence. Counsel also submits that the petitioners are driver and co-driver and

Patna High Court CR. MISC. No.38539 of 2024(2) dt.27-05-2024 2/2 they are completely unaware of the fact that wine has been loaded in their vehicle. Counsel further submits that the criminal antecedent of the petitioners are clean and the petitioners are in custody since 22.03.2024

5. Learned APP for the State opposes the prayer for bail and submits that petitioners were driver and co-driver of the vehicle from which recovery of wine was made and they also tried to fled away from the place of occurrence.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named by granted bail three months after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. 1, East Champaran in connection with Muffasil P.S. Case No. 142 of 2024 subject to the condition laid down under Section 437(3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U