Ram Nath Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84919 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Ram Nath Kumar S/O Rajendra Paswan R/O Village- Digha Fatahpur, P.SBaligaon, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273/34 of the I.P.C. and sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of total 258 liters of illicit liquor from house of the petitioner who is said to have been indulged in trade of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Nothing has been recovered from conscious possession of the petitioner
Patna High Court CR. MISC. No.84919 of 2023(2) dt.09-01-2024 2/2 whereas the alleged recovery has been made from joint family property. He has no concern with the alleged recovery of illicit liquor. Moreover, he is languishing in judicial custody since 18.10.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. 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 released on bail in connection with Baligaon P.S. Case No. 149 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1-Cum-Additional District and Sessions Judge, Vaishali at Hajipur.
(Sunil Kumar Panwar, J) Amandeep/- U T