Patna High CourtCR. MISC./61740/2023allowed

Arun Ram v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61740 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Arun Ram Son Of Shambhu Ram @ Sambhu Ram Resident Of Village - Paithanpatti, P.S. - Manjhagarh, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 51.12 liters of illicit liquor from a tempo bearing Reg. No. BR05P-3394 and the petitioner is said to have driver of the seized vehicle.

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 this present case. He has got no criminal antecedent. The petitioner is only driver of the vehicle in question but he has no concern

Patna High Court CR. MISC. No.61740 of 2023(2) dt.15-09-2023 2/2 with the alleged recovery of illicit liquor and the seized vehicle belongs to co-accused Prince Kumar. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 16.4.2023.

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

6. 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 Vishambharpur P.S. Case No. 61 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 Addl. Sessions JudgeIV-cum-Exclusive Excise Court No-II, Gopalganj. (Sunil Kumar Panwar, J) Amandeep/- U T