Patna High CourtCR. MISC./68235/2023bail granted

Shyam Kumar @ Shyam v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68235 of 2023 Arising Out of PS. Case No.-517 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== 1.

Shyam Kumar @ Shyam Son Of Mangi Lal Village-Palli, Police StationMataura, District-Jodhpur (RAJASTHAN) 2.

Bhombha Ram @ Bhoma Ram Son Of Gopal Ram Village-Palli, Police Station-Mataura, District-Jodhpur (RAJASTHAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and Mr. Md. Nazir Ansari, learned APP for the State.

2. The petitioners seek bail in connection with Naubatpur P.S. Case No. 517 of 2023 registered for the offence punishable under Sections 420, 467, 468 and 471/120(B) and Sections 30(a), 32(ii)(iii), 36 and 41(i) (ii) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 468.75 litres of illicit liquor has been recovered from the pick-up-van.

4. Learned counsel for the petitioners submits that the petitioners are innocent and has been falsely implicated in this case. The petitioners are the driver and Khalasi of the pickup-van. The petitioners belongs to Rajasthan. The petitioners

Patna High Court CR. MISC. No.68235 of 2023(2) dt.18-10-2023 2/2 are in custody since 22.07.2023. He further submits that the petitioners are ready to donate Rs. 50,000/- (Rupees fifth thousand only) each in some charitable organization.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, Patna in connection with Naubatpur P.S. Case No. 517 of 2023.

7. The petitioners' bail bonds shall be accepted only after they deposit Rs. 50,000/- (Rupees fifty thousand only) each in Ramakrishna Mission Ashrama, Patna and produces the receipt of the same and after verifying the genuineness of the receipt the petitioners shall be released.

(Sandeep Kumar, J) P. Kumar U T