Birendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69184 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

Birendra Ram S/o Late Mahesh Ram R/o Village- Gopalpur, P.S.- Gopalpur, District- Gopalganj 2.

Biresh Kumar @ Biresh Ram @ Biresh Kumar Ram S/o Birendra Ram R/o Village- Gopalpur, P.S.- Gopalpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra For the Opposite Party/s :

Mr. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Gopalpur P.S. Case No. 156 of 2024 dated 13.07.2024 registered for the offences punishable u/s 317(5) of the Bhartiya Nyaya Sanhita and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 108 litres of illicit country made liquor was recovered from the Tempo.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are neither the driver nor

Patna High Court CR. MISC. No.69184 of 2024(2) dt.25-09-2024 2/2 the owner of the said vehicle. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner no. 1 has two criminal antecedents and the petitioner no. 2 has no antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 14.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopaglganj in connection with Gopalpur P.S. Case No. 156 of 2024

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T