Rampravesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60854 of 2021 Arising Out of PS. Case No.-252 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== RAMPRAVESH RAI S/o KASHI RAI R/o VILLAGE-JADOPUR, P.SJADOPUR, DISTRICT-GOPALGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 252 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 448.400 litres of illicit country made wine from a Scorpio vehicle and the petitioner is stated to be the driver of the said vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 28.08.2021. The learned counsel for the petitioner has referred to paragraph no. 8 of the present petition to submit that the petitioner is not the owner of the vehicle in question, hence he was not having

Patna High Court CR. MISC. No.60854 of 2021(2) dt.30-03-2022 2/2 any knowledge about the contents of the consignment loaded on the said vehicle.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has categorically stated in the present petition that he is not the owner of the vehicle in question and moreover he is languishing in custody since about seven months, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IIcum-Special Judge, Excise, Gopalganj in connection with Excise Case No. 252 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T