Patna High CourtCR. MISC./756/2024allowed

Bhoma Ram v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.756 of 2024 Arising Out of PS. Case No.-740 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Bhoma Ram S/O Dugra Ram R/O Village- Adel, P.S- R.G.T. Nagar, Distt.- Barmer, State- Rajasthan.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raushan Raj For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 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 273, 419, 468, 471 and 34 of the Indian Penal Code and Sections 30(a), 32(i)(ii), 36, 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 9270.72 liters of English wine 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. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. Petitioner was arrested on spot. Being a driver of the said vehicle, he has been implicated in the present case. No

Patna High Court CR. MISC. No.756 of 2024(3) dt.07-02-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 18.09.2023.

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 1st Exclusive Special Excise Court, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 740 of 2023.

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