Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71324 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- FULKAHA District- Araria ====================================================== RAM KUMAR S/O SADANAND ROM Resident of village- Bararwa, Ward no- 13, Post- Bhura, P.S.- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Fulkaha P.S. Case No. 124 of 2022 registered for the offence punishable under sections 30(a)/41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 264 litres nepali liquor from a Maruti Suzuki bearing Registration No. WB74D9976 and petitioner was sitting in the said car at the alleged time of recovery.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Because the petitioner was sitting as a passenger inside the car, and he has no knowledge about keeping of illicit wine in it, he has been

Patna High Court CR. MISC. No.71324 of 2022(3) dt.17-04-2023 2/2 apprehended. He has no concern with the illicit wine nor with the alleged vehicle. Petitioner is languishing in judicial custody since 13.10.2022.

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

Petitioner is directed to deposit Rs. 30,000/- (Rs. thirty thousand) in the concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Exclusive Special Judge, Excise-II, Araria in connection with Fulkaha P.S. Case No. 124 of 2022.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 30,000/- (thirty thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U