Amarjeet Kumar Das @ Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79715 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Amarjeet Kumar Das @ Ram Son Of Bikau Das Resident Of Village- Radh, P.S. - Kaluahi, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 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 sections 272, 273/34 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 225 litres of country made liquor from a two motorcycles. Petitioner is alleged to be apprehended on spot with motorcycle with 135 litres liquor.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.79715 of 2023(2) dt.02-01-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has no concern in any manner from the alleged recovered illicit liquor or with the motorcycle in question. Moreover, the petitioner is languishing in judicial custody since 06.08.2023.

In contra, learned A.P.P. appearing for State vehemently opposed the prayer of bail and submitted that petitioner was apprehended on spot.

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 Additional Session Judge II-cum-Special Judge Excise Act, Madhubani in connection with Basopatti P.S. Case No. 177 of 2023.

Patna High Court CR. MISC. No.79715 of 2023(2) dt.02-01-2024 3/3 The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T