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Patna High CourtCR. MISC./82752/2023allowed

Ram Krishna Sah v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82752 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== Ram Krishna Sah S/O Arun Sah R/O Village- Kamtaul, P.S- Kamtaul, Distt.- Darbhanga.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of a motorcycle bearing Reg. No. BR-32AB-9661 and 603 litres of illicit liquor from a Scorpio bearing Reg. No. UP14AK-2236. Petitioner is alleged to be owner of the aforesaid motorcycle.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.82752 of 2023(2) dt.20-12-2023 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the Scorpio in question. The name of the petitioner sprang up during investigation of this case as owner of the seized motorcycle, although no any incriminating article has been recovered from that motorcycle. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 28.10.2023. Learned APP appearing for the State has opposed the prayer of Bail.

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 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 Additional Sessions

Patna High Court CR. MISC. No.82752 of 2023(2) dt.20-12-2023 3/3 Judge II-cum-Special Judge Excise Act, Madhubani in connection with Madhwapur P.S. Case No. 31 of 2023. (Sunil Kumar Panwar, J) Lata/- U T