Patna High CourtCR. MISC./57934/2023allowed

Dipu Ram v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57934 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- HATHUA District- Gopalganj ====================================================== DIPU RAM Son of Sanjay Ram R/o Karsaut, P.S. - Duraundha, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, the ptitioner is alleged to have apprehended by the police with a motorcycle bearing Registration No. BR29G-6832 from where 102.6 liters of foreign liquor was recovered.

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. He has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner has no concern with the

Patna High Court CR. MISC. No.57934 of 2023(2) dt.04-09-2023 2/2 alleged recovery of illicit liquor. It is further submitted that the seized motorcycle is claimed by the petitioner to be his own motorcycle. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 5.6.2023.

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 Hathua P.S. Case No. 135 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise-I, Gopalganj.

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