Patna High CourtCR. MISC./60009/2023allowed

Ramesh Kumar @ Ramesh Sah v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60009 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== RAMESH KUMAR @ RAMESH SAH S/O LATE JAYNARAYAN SAH R/O VILLAGE- MURAUL, P.S- MANIYARI, DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 75.78 liters of illegal foreign liquor from a bush.

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 not apprehended on spot. He submitted that the petitioner has no concern with the seized wine and the place of occurrence does not belongs to the petitioner. The name of the petitioner has come into light, on the basis of disclosure by local Chaukidar, which has got no

Patna High Court CR. MISC. No.60009 of 2023(2) dt.14-09-2023 2/2 evidentiary value in the eyes of law. He is languishing in judicial custody since 21.07.2023.

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 Maniyari P.S. Case No. 109 of 2023.

(Sunil Kumar Panwar, J) arish/- U