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Patna High CourtCR. MISC./57581/2023allowed

Raju Ram v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57581 of 2023 Arising Out of PS. Case No.-934 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAJU RAM SON OF LATE JIVASH RAM VILLAGE- PATIYASA, PSAHIYAPUR, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(ii), 36, 41(i) (ii) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 578.880 liters of illegal foreign liquor from an orchard and one motorcycle has also been recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. He further submitted that the place of occurrence does not belongs to the

Patna High Court CR. MISC. No.57581 of 2023(2) dt.01-09-2023 2/2 petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 27.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Ahiyapur P.S. Case No. 934 of 2023.

(Sunil Kumar Panwar, J) arish/- U