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Patna High CourtCR. MISC./76985/2023allowed

Sachin Ram @ Sachin Kumar Ram v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 76985 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Sachin Ram @ Sachin Kumar Ram Son Of Sri Pawan Ram @ Pawan Kumar Ram Resident Of Village- Bhagwandas, Ps- Town, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udeshya Kumar Yadav For the Opposite Party/s :

Mr. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 351 litres of illicit liquor from a Santro car and accused Dhanvir Kumar was apprehended on spot. Who has disclosed the name of the petitioner as one of his associates.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the

Patna High Court CR. MISC. No. 76985 of 2023(2) dt.04-12-2023 2/2 police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 09.10.2023 passed in Cr. Misc. No. 60541 of 2023. He is languishing in judicial custody since 12.09.2023. Learned APP appearing for the State has opposed the prayer of Bail.

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 1st (Excise Act), Darbhanga in connection with Town P.S. Case No. 189 of 2023. (Sunil Kumar Panwar, J) sushma/- U