Ram Kumar Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55006 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- BISFI District- Madhubani ====================================================== RAM KUMAR SAFI SON OF LATE JAGDISH SAFI RESIDENT OF VILLAGE- UTTARA, WARD NO. 3, POLICE STATION- SAHARGHAT, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Sanjay Kumar Jha, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Bisfi PS Case No. 142/2021 registered for the offence punishable under Sections 272/273/34 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act.

As per First Information Report, the police on the basis of secret information intercepted a car and arrested two persons sitting therein and recovered altogether 312 litres of illicit liquor from the said car.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive by the police. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner. Petitioner is only the car driver and he was not

Patna High Court CR. MISC. No.55006 of 2021(2) dt.19-05-2022 2/2 aware about the liquor being kept therein. Petitioner has got clean antecedent and is in jail custody since 19.06.2021. He next submits that the similarly situated co-accused person, namely, Ajay Paswan, has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 42940/2021.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, petitioner is in custody since 19.06.2021 having no criminal antecedent and the similarly situated co-accused person, namely, Ajay Paswan, has been granted bail by a Co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, RAM KUMAR SAFI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge- Excise Act, Madhubani in connection with Bisfi PS Case No. 142/2021.

(Anil Kumar Sinha, J) perwez U T