Patna High CourtCR. MISC./63677/2023allowed

Sumir Ram v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63677 of 2023 Arising Out of PS. Case No.-389 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== Sumir Ram Son Of Ram Vriksh Ram Resident Of Village - Galimapur, P.S. - Taraiya, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act & and Sections 379, 420, 411, 120b, 467 & 34 of IPC.

3. Prosecution case relates to recovery total 5670 liters of illicit liquor from a vehicle bearing Reg. No. JH-09F8975.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not apprehended on spot and also he has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has

Patna High Court CR. MISC. No.63677 of 2023(2) dt.10-10-2023 2/2 come on the basis of confessional statement of other co-accused persons before the police which has got no evidentiary value in the eye of law. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barahara P.S. Case No. 389 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-Ist, Bhojpur at Ara. (Sunil Kumar Panwar, J) shubham/- U T