Ramesh Soni @ Ramesh Swarnkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63330 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- PANJWARA District- Banka ====================================================== Ramesh Soni @ Ramesh Swarnkar Son Of Vindeshwari Swarnkar R/VBaijnathpur, P.S- Saur Bazar, Dist- Saharsa ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 420, 467, 468/34 of the Indian Penal Code.

Prosecution case in nutshell is that a vehicle (XUV 500) with registration No. BR-01PB-6450 was seized in Panjwara P.S. case No. 104/2021. At the time of seizure, Ramesh Soni @ Ramesh Swarnkar (petitioner) and Abhinash Kumar were arrested while carrying and transporting illegal liquor. It also came to

Patna High Court CR. MISC. No.63330 of 2022(3) dt.22-03-2023 2/3 light that the said vehicle was used for illegal transportation of liquor by putting wrong number plate on the aforesaid vehicle.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not the owner of the aforesaid vehicle and he has no knowledge about any type of forgery. On verification, it came to know that the owner of the aforesaid vehicle is one Vivek Kumar. It is also submitted that for one offence two cases have been lodged by the police, which is not proper. It is further submitted that co-accused Avinash Kumar has been granted Bail. The petitioner was It is also submitted that petitioner is languishing in judicial custody since 10.05.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.63330 of 2022(3) dt.22-03-2023 3/3 and taking into consideration 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 in connection with Panjwara P.S. Case No. 48 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Banka.

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