Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84427 of 2023 Arising Out of PS. Case No.-413 Year-2023 Thana- Excise P.S. District- Khagaria ====================================================== Ram Kumar S/O Mahendra Mahto R/O Baghkurwa, Ward No. 12, Bikrampur, P.S- Cheriyabariarpur, Distt.- Beugusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 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 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 36 litres of Indian Made Foreign Liquor from an Alto car bearing Reg. No. BR-01HH-9995. Petitioner was apprehended on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. Nothing incriminating has been recovered from the conscious

Patna High Court CR. MISC. No.84427 of 2023(3) dt.30-01-2024 2/2 possession of the petitioner. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 01.11.2023.

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 Special Judge Excise Court No. II, Khagaria in connection with Khagaria Excise Prohibition P.S. Case No. 413 of 2023.

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