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Patna High CourtCR. MISC./54627/2025allowed

Kanwara Ram @ Kanvararam v. The State Of Bihar

2025-09-17Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54627 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Kanwara Ram @ Kanvararam, S/O Late Sapai Ram @ Sawai Ram R/o Vill.- Dahnne Ki Dhani Kamthai Sindhri P.S.- Sindhri, District- Badmer (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ginni Priya, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 30(a), 32 (ii) (iii), 36 and 41(i)(ii) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 4761 litres of foreign liquor along with truck bearing Registration No. JH05BW7716 and the truck was driven by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case being the driver of the truck in question. He has no concern with the seized liquor. Nothing incriminating was recovered from the conscious possession of the petitioner. He has no

Patna High Court CR. MISC. No.54627 of 2025(3) dt.17-09-2025 2/3 knowledge about the seized liquor kept in the truck as he was driving the said truck on the instruction of the owner of the vehicle. Petitioner has no criminal antecedent. He is in custody since 04.04.2025. Charge-sheet has already been submitted and there is no chance of absconding the petitioner or tampering with the prosecution evidence. Petitioner undertakes to cooperate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Patna City, Patna, in connection with Didarganj P.S. Case No. 109 of 2025, subject to the following conditions:-

(1) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.

(2) Petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing

Patna High Court CR. MISC. No.54627 of 2025(3) dt.17-09-2025 3/3 which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Sunil Dutta Mishra, J) khushbu/- U T