Patna High CourtCR. MISC./58985/2023allowed

Arjun @ Gopu @ Gopu Bansal @ Balram Kumar v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58985 of 2023 Arising Out of PS. Case No.-599 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== ARJUN @ GOPU @ GOPU BANSAL @ BALRAM KUMAR SON OF KISUN RAM RESIDENT OF VILLAGE-TARACHANDI, PSDARIGAON, DIST- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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 200 liters of illegal country-made liquor from two motorcycles.

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. The name of the petitioner has come into light, on the basis of disclosure by local Choukidar, which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no

Patna High Court CR. MISC. No.58985 of 2023(2) dt.12-09-2023 2/2 concern either with the seized vehicles or with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.07.2023.

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 Sasaram Nagar P.S. Case No. 599 of 2023.

(Sunil Kumar Panwar, J) arish/- U