Patna High CourtCR. MISC./43889/2023allowed

Arjun Ram v. The State Of Bihar

2023-10-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43889 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== ARJUN RAM S/O CHIMMA RAM R/O Village. Dudiyo Ka Tala, Sarli PS. Sindri Dist. Barmer, Rajasthan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivek Kumar Sinha For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in connection with Daudnagar P.S. Case No. 111 of 2023 registered under section 30(a), 32, 36, 41 of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 2648.31 liters of illegal foreign made liquor from a truck and the petitioner was also apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was mere driver of the alleged vehicle and he was not aware of the loaded liquor rather he has falsely been implicated in this case. It is further submitted that nothing incriminating

Patna High Court CR. MISC. No.43889 of 2023(4) dt.16-10-2023 2/3 has been recovered from the conscious possession of the petitioner and he has no concern with the seized illicit liquor. It is also submitted that the petitioner is not the owner of the said vehicle. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 27.02.2023.

5. The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

6. The petitioner is directed to deposit a sum of Rs. 20,000/- (Rs. Twenty Thousand) in the District Legal Services Authority of the concerned District.

7. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Daudnagar P.S. Case No. 111 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-II Aurangabad.

Patna High Court CR. MISC. No.43889 of 2023(4) dt.16-10-2023 3/3

8. The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty Thousand) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) manishkumar/- U T