Patna High CourtCR. MISC./81500/2023bail rejected

Bhagirath Ram @ Bhagirathi Ram @ Bhagirath v. The State Of Bihar

2024-03-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81500 of 2023 Arising Out of PS. Case No.-568 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Bhagirath Ram @ Bhagirathi Ram @ Bhagirath Son Of Ghamandda Ram R/O Village- Bhunia, P.S.- Dhanao, Dist.- Barmer (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Koyilwar (Gidha O.P.) P.S. Case No. 568 of 2023, lodged on 20.09.2023, under Sections 419/420/467/468/471/120B of the Indian Penal Code and Sections 30(a)/32(1)(2)/36/41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, FIR has been lodged against the petitioner and there is recovery of 2662.125 liters of foreign liquor has been the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that petitioner is a driver but he is completely aware that what is loaded in the truck. The antecedent of the petitioner

Patna High Court CR. MISC. No.81500 of 2023(4) dt.05-03-2024 2/2 is clean. He is in custody since 21.09.2023.

5. Learned counsel for the State opposes the prayer for bail.

6. In this background, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner is hereby rejected. However, liberty is granted to the petitioner that nine months after framing of the charges the petitioner shall move for bail.

(Dr. Anshuman, J) Mkr./- U T