Junjha Ram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70252 of 2023 Arising Out of PS. Case No.-314 Year-2023 Thana- DHANARUA District- Patna ====================================================== 1.

Junjha Ram Chaudhary Son Of Sona Ram Chaudhary @ Sona Ramji @ Sonu Ram Chaudhary Village- Rajiv Nagar, Khadeen, Ps- Ramsar, DistBarmer, State- Rajasthan, Pin Code- 344001 2.

Vaka Ram Son Of Papu Ram Village- Bheemguda, Ps- Sarwana, DistJalore, State- Rajasthan, Pin-343027 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a), 32(2) (3), 36 and 41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, both the petitioners were apprehended on the spot and from a truck total 7531.155 liters of foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have no concern with the alleged recovery nor

Patna High Court CR. MISC. No.70252 of 2023(3) dt.07-02-2024 2/2 vehicle in question belongs to them. Petitioner no.1 is Driver and petitioner No.2 is Khalasi of the alleged truck. They are hired by the owner of truck for transportation of his goods and they were not aware about any illegal items are loaded in the alleged truck. Nothing incriminating article has been recovered from their conscious possession. It is further submitted that petitioners have got no criminal antecedent and they are languishing in judicial custody since 13.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Dhanarua P.S. Case No. 314 of 2023.

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