Gumani Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72484 of 2022 Arising Out of PS. Case No.-305 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Gumani Ram Son Of Jagadish Ram R/V- Garbhua Lala Tola, P.S.- Chanpatiya (Sirisiya O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 305 of 2022 registered under sections 272, 273, 413 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner is that he was apprehended by the police with 5 liters country made wine from the dickey of the alleged bike.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. It is further submitted that in respect of the alleged motorcycle, the

Patna High Court CR. MISC. No.72484 of 2022(3) dt.15-02-2023 2/2 petitioner disclosed the said motorcycle belongs to one Ritik Ram which is stolen one. The genuine owner of the alleged vehicle is Gulam Sarvar which is mentioned in case diary. Nothing has been recovered from the conscious possession of the petitioner. He has no concern with the alleged recovery of illicit wine. He is languishing in judicial custody since 30.06.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 305 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Bettiah, District- West Champaran.

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