Patna High CourtCR. MISC./68905/2023allowed

Savai Ram v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68905 of 2023 Arising Out of PS. Case No.-374 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Savai Ram Son Of Khiya Ram Resident Of Village - Hero Ki Dhani, P.S. - Gira, District - Barmer (RAJASTHAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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 sections 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 30(a), 32(ii)(iii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 1979.28 liters of English Wine from a truck bearing Reg. No. WB916860 and this petitioner is said to be cleaner of the said truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot and nothing has been recovered from his

Patna High Court CR. MISC. No.68905 of 2023(2) dt.03-11-2023 2/2 conscious possession. He has no concern with the seized wine in question and also he has no knowledge about the said liquor kept in the truck. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Vaishali(Belsar O.P.) P.S. Case No. 374 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.2cum-Additional District and Sessions Judge, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Shubham/- U T