Patna High CourtCR. MISC./61128/2023allowed

Ram Kumar Yadav v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61128 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Ram Kumar Yadav S/O Jugeshwar Yadav R/O Village- Phulwaria, Ward No.- 3, Police Station- Kishanpur, Distt.- Supaul. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner prayed for regular bail in connection with Kishanpur P.S. Case No. 179 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioner along with a Scorpio was apprehended on the spot and from the alleged vehicle total 164.16 liters foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in

Patna High Court CR. MISC. No.61128 of 2023(2) dt.18-09-2023 2/3 this present case. The petitioner has no concern with the alleged recovery rather vehicle in question belongs to him. No any incriminating article has been recovered from his conscious possession. It is further submitted that he has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.08.2023.

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

6. The petitioner being owner of the alleged vehicle is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kishanpur P.S. Case No. 179 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Patna.

8. The bail bonds of the petitioner shall be

Patna High Court CR. MISC. No.61128 of 2023(2) dt.18-09-2023 3/3 accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manishkumar/- U T