Patna High CourtCR. MISC./70153/2022allowed

Ramnath Prasad @ Ramnath Kevat v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70153 of 2022 Arising Out of PS. Case No.-671 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== RAMNATH PRASAD @ RAMNATH KEVAT Son of Sita Ram Prasad @ Late Sita Prasad R/V- Noniyapura, P.S- Krishna Braham, Dist- Buxar (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 14 litres of country made liquor from a blue coloured bag kept in the paddy field of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. The name of the petitioner has been dragged in this case only because of his ownership, of the alleged field from where illicit liquor has been recovered. Neither the petitioner was arrested on spot nor

Patna High Court CR. MISC. No.70153 of 2022(2) dt.06-01-2023 2/2 any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 13.10.2022.

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

Having heard learned counsel for the parties and considering the recovery of meagre quantity of recovery, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court, Buxar in connection with Brahampur (K.B) P.S. Case No. 671 of 2022.

(Sunil Kumar Panwar, J) sushma/- U