Patna High CourtCR. MISC./55058/2023allowed

Bharat Ram v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55058 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== BHARAT RAM Son of Pancha Ram Resident of Village-Batardeh, P.S.- Barauli, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Mahammadpur P.S. Case No. 141 of 2023 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Amendment Act.

Prosecution case relates to recovery of 161 litres of IMFL from a tempo litres of which petitioner was driver and he was arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. He has got no criminal antecedent and languishing in judicial custody since 19.06.2023.

Patna High Court CR. MISC. No.55058 of 2023(3) dt.14-09-2023 2/2 Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 10,000/- (Rs. ten thousand) in the concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Court No. 1, Gopalganj in connection with Mahammadpur P.S. Case No. 141 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- (ten thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U