Patna High CourtCR. MISC./39017/2023bail granted

Shankara Ram v. The State Of Bihar

2023-06-28Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37945 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Ram Pukar Yadav @ Ram Kumar Yadav, Son of Hira Yadav @ Heralal Yadav, Resident of village - Nariyal Tol, P.S.- Keoti, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39017 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== SHANKARA RAM, Son of Bishna Ram @ Vishana Ram, Resident of village - Uparla, P.S. - Chahtan, Distt. - Barmer (Rajasthan) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 37945 of 2023) For the Petitioner/s :

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

Mr.Vinod Shanker Modi, APP (In CRIMINAL MISCELLANEOUS No. 39017 of 2023) For the Petitioner/s :

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

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioners 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 petitioners and learned APP for the State.

The petitioners have preferred this application for

Patna High Court CR. MISC. No.37945 of 2023(2) dt.28-06-2023 2/3 grant of regular bail in connection with Keoti P.S. Case No. 114 of 2023 dated 19.04.2023 registered for the offences punishable u/ss 420, 467, 468, 471, 120B read with Section 34 of the Indian Penal Code and u/ss 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

As per the prosecution case, the petitioners were apprehended with a truck from which 4484.25 litres of illicit liquor was recovered.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. He has further submitted that the petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have got clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 20.04.2023. Learned A.P.P. for the State has opposed the prayer of bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.37945 of 2023(2) dt.28-06-2023 3/3 Court concerned, Darbhanga in connection with Keoti P.S. Case No. 114 of 2023.

The application stands allowed.

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