Patna High CourtCR. MISC./58803/2024bail granted

Ram Niwas @ Bholu v. The State Of Bihar

2024-08-14Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58803 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== 1.

Ram Niwas @ Bholu S/O Ram Kishan Resident of Village- Paladi Khud, P.S.- Balagarh, Dist- Sonipat, Haryana 2.

Dayanand Sharma S/O Shivswarup Sharma R/O Village- Khedhaki, P.S and Dist.- Bagpat, Uttar Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Harshvardhan For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sripur P.S. Case No. 105/2024 dated 28.06.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 414 of the IPC.

3. As per the prosecution case, total 449.820 litres of illicit foreign liquor was recovered from the Bolero Pickup van.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the

Patna High Court CR. MISC. No.58803 of 2024(2) dt.14-08-2024 2/2 possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner no.1 is driver and the petitioner no. 2 is co-driver of the said vehicle. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 29.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj, in connection with Sripur P.S. Case No. 105/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T