Patna High CourtCR. MISC./66949/2023allowed

Shivjee Ram v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66949 of 2023 Arising Out of PS. Case No.-372 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== SHIVJEE RAM SON OF FUDUR RAM RESIDENT OF VILLAGE - SONPURA, P.S. - UDWANTNAGAR, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malti Kumari For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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. According to the FIR, the petitioner is alleged to have been apprehended with a sack from where six (6) liters of illicit 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 this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered from conscious

Patna High Court CR. MISC. No.66949 of 2023(3) dt.01-12-2023 2/2 possession of the petitioner. The petitioner is languishing in judicial custody since 29.8.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner is got two criminal antecedents as per the antecedent report.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udwantnagar P.S. Case No. 372 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 Exclusive Special Excise Court No.II, Bhojpur at Ara.

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