Patna High CourtCR. MISC./59134/2023bail rejected

Rudra Narayan Ram v. The State Of Bihar

2023-11-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59134 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- KHUTAUNA District- Madhubani ====================================================== Rudra Narayan Ram S/O Mohan Ram Village- Virpur, Ps- Lalmaniyan, DistMadhubani (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shivnandan Bharti, Adv.

For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Khutauna P.S. Case No. 79 of 2023 arising out of G.R. no. 505 of 2023 lodged under Sections 272 and 273 of the I.P.C. read with Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, the total recovery of 162 liter wine has alleged to be made from a car which was given by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that he has been apprehended from the vehicle and arrested on spot. Counsel submits that he is the co-passenger whereas from the F.I.R. itself, petitioner has disclosed that he and one Sagar

Patna High Court CR. MISC. No.59134 of 2023(3) dt.08-11-2023 2/2 Pal was driving the car.

5. Counsel for the petitioner submits that petitioner is in custody is since 07.07.2023 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail and submits that petitioner is neither the stranger nor driver/co-driver, apprehended on spot and recovery of wine has been made from his possession.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

8. However, liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. (Dr. Anshuman, J.) Prakashmani/- U T