Deva Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84246 of 2023 Arising Out of PS. Case No.-665 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== DEVA RAM S/O CHAUTARA RAM R/O- MANGARAM KA BERA, VILLAGE ADARSH LUKHU, PS. DHORIMANA, DIST. BARMER (RAJASTHAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupam Prabhat Shrivastava For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 467, 468, 471, 420, 120B of the IPC and Sections 30(a), 32(ii)(iii), 36, 40(i)(ii) and 41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of illegal English liquor from a Truck.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner is not the owner of the truck but merely a driver, who were hired for transporting the goods and he was completely unaware of the

Patna High Court CR. MISC. No.84246 of 2023(2) dt.05-01-2024 2/2 fact that the truck is loaded with illegal liquor with a huge quantity. The petitioner has no concern with the seized liquor. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 16.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Special Excise Judge Court No. 1, Motihari in connection with Motihari Mufassil P.S. Case No. 665 of 2023.

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