Ram Singh @ Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46205 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== RAM SINGH @ SANJEET KUMAR Son of Chandra Dev Thakur Resident of Karrikh, P.S. - Bibhutipur, Distt. - Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Shankar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 467, 468, 471, 120 of the Indian Penal Code and Sections 30(a), 32(i) (ii), 36 & 41(i) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 5392.44 liters of illicit India made foreign liquor from five different vehicle and the petitioner is said to be fled away from place of occurrence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of disclosure made by co-accuse Shubham Kumar @Moni who was apprehended on spot.

Patna High Court CR. MISC. No.46205 of 2023(2) dt.04-08-2023 2/2 Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicles in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from hi conscious possession. Moreover, similarly situated co-accused namely, Sailesh Singh has already been granted bail by a co-ordinate Bench of this Court vide order dt. 7.12.2022 passed in Cr. Misc. No. 62088 of 2022. The petitioner is languishing in judicial custody since 15.6.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khodwandpur P.S. Case No. 260 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, Begusarai.

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