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Patna High CourtCR. MISC./72389/2023allowed

Uday Ram v. The State Of Bihar

2023-11-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72389 of 2023 Arising Out of PS. Case No.-73 Year-2021 Thana- JURAWANPUR District- Vaishali ====================================================== UDAY RAM Son of Chanarik Ram R/o vill - Chaksingar, P.s. - Jurawanpur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aniket Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 37(a) of the Bihar Prohibition and Excise Act and Sections 272, 273, 328 and 302/34 of the IPC.

3. As per FIR, the allegation against the petitioner is to be involved in the business/trading of spurious liquor, whereafter consumption, three persons died and four persons became seriously ill.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the alleged occurrence and he has never indulged

Patna High Court CR. MISC. No.72389 of 2023(2) dt.09-11-2023 2/2 in dealing with the business of liquor. There is no consistent evidence has come against the petitioner to show his complicity in the as alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Further, it is submitted that the other co-accused has already been granted bail by this Bench vide order dated 04.09.2023 passed in Cr. Misc. No. 59158 of 2023. He is languishing in judicial custody since 13.06.2023.

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 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 Excise Court No.-II, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 73 of 2021.

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