Rampravesh Singh @ Ghaspatu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62067 of 2023 Arising Out of PS. Case No.-654 Year-2023 Thana- Excise P.S. District- Lakhisarai ====================================================== Rampravesh Singh @ Ghaspatu Singh Son of Rajendra Singh R/o vill - Rampur, P.S. - Surajgarha, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 Section 37 of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, the petitioner was apprehended in intoxicated condition from near his house at village-Rampur and on Breath Analyzer Test presence of alcohol in his body was confirmed.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He he has falsely been implicated in the present case. Nothing has been recovered from his conscious possession. The Breath Analyzer Report is not scientific and it cannot be accepted. It is

Patna High Court CR. MISC. No.62067 of 2023(2) dt.15-09-2023 2/2 also submitted that petitioner is languishing in judicial custody since 20.07.2023.

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

Having heard learned counsel for the parties 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 Lakhisarai Excise P.S. Case No.654C2 of 2023 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 Sessions Judge-Vcum-Exclusive Special Excise Court No.2, Excise Act, Lakhisarai.

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