Patna High CourtCR. MISC./70381/2023allowed

Bulet Ram v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70381 of 2023 Arising Out of PS. Case No.-306 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

BULET RAM Son of Gorakh Ram Residence of Village - Jataha, P.S.- Phulwariya, Dist.- Gopalganj 2.

Santraj Ram Son of Prabhu Ram Residence of Village - Jataha, P.S.- Phulwariya, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 189 liters of illegal liquor from a motorcycle.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners have no concern with the wine in question. He submitted that petitioner no. 2 is the owner of the motorcycle and petitioner no.

Patna High Court CR. MISC. No.70381 of 2023(2) dt.07-11-2023 2/2 1 is rider of the same and they have no any concern of such type of business. No incriminating articles have been recovered from the conscious possession of the petitioners. They are languishing in judicial custody for two months.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court concerned in connection with Phulwariya P.S. Case No. 306 of 2023.

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