Dorjee Phuntso Khrime v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81615 of 2023 Arising Out of PS. Case No.-164 Year-2021 Thana- BANIAPUR District- Saran ====================================================== Dorjee Phuntso Khrime Son Dof Sri Nima Tsering Khrime Resident Of E-41 Zoo Road P.S. Chimpu, Itanagar, District- Papumpare, (Arunachal Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 420 and 414 of the IPC and Sections 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 2808 liters of illegal IMFL 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. Petitioner has not been apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.81615 of 2023(2) dt.18-12-2023 2/2 possession of the petitioner. Only on the basis of suspicion and due to his criminal antecedents, the petitioner has been made accused in the present case. He is languishing in judicial custody since 03.10.2023.

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 Additional District and Sessions Judge-II-cum-Exclusive Special Judge, Excise-I, Saran at Chapra in connection with Baniapur P.S. Case No. 164 of 2021. (Sunil Kumar Panwar, J) Arish/- U T