Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86692 of 2023 Arising Out of PS. Case No.-754 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Ram Kumar son of Bhajanlal resident of village- Abaur, p.s.- Abaur@ Abohar, district- Fazika (Punjab) 2.

Sandeep Kumar son of Ram Singh resident of village- khairpur Sito Road, p.s.- Sitochauki, District- Fazilka (Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 4644 liters of illegal IMFL from a truck, which was being driven

Patna High Court CR. MISC. No.86692 of 2023(2) dt.12-01-2024 2/3 by the petitioner no. 1.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of these petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 07.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioner no. 1 is directed to deposit Rs. 20,000/- (twenty thousand) in the account of concerned DLSA.

7. 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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. Icum-Additional District and Sessions Judge, Vaishali at Hajipur

Patna High Court CR. MISC. No.86692 of 2023(2) dt.12-01-2024 3/3 in connection with Hajipur Sadar P.S. Case No. 754 of 2023.

8. The bail bond of the petitioner no. 1 shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/- (twenty thousand) by the petitioner no. 1 in the account of concerned DLSA.

(Sunil Kumar Panwar, J) Arish/- U T