Ram Babu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82050 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== RAM BABU RAI S/O-Krishan Murari Ray,R/Ovill- R/O Vill-Kalyanpur. P.SKalynpur, Dist- Samastipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 section 30(a), of the Bihar Prohibition and Excise Act.
3. As per FIR, prosecution case relates to recovery of 284.40 liter illicit liquor from two vehicles.
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 merely on the basis of confessional statement of co-accused. The petitioner has no concern with the alleged recovery and he was neither apprehended from the place of
Patna High Court CR. MISC. No.82050 of 2023(2) dt.19-12-2023 2/2 recovery nor he is named in the FIR. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 06.11.2023.
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 as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakmehsi P.S. Case No. 157 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 Judge-I, Samastipur. (Sunil Kumar Panwar, J) manishkumar/- U T