Yogendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77102 of 2023 Arising Out of PS. Case No.-227 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Yogendra Ram S/O Kishun Bihari Ram R/O Village- Sushiya, P.S- Shahpur, Distt.- Bhojpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== 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 in which he is languishing in judicial custody registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 70 litres of country made liquor from a motorcycle bearing Reg. No. BR-03AK-0223 which is alleged to be driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in

Patna High Court CR. MISC. No.77102 of 2023(2) dt.04-12-2023 2/3 the present case. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure.

In contra, learned A.P.P. appearing for the State vehemently opposed the prayer of bail and submitted that petitioner is driving the motorcycle from which huge quantity of liquor has been recovered. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are 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 Excise Court I, Bhojpur, Ara in connection with Bihiya P.S. Case No. 227 of 2023.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the concerned District Legal Services Authority.

Patna High Court CR. MISC. No.77102 of 2023(2) dt.04-12-2023 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T