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Patna High CourtCR. MISC./3760/2025bail granted

Ram Babu Rai v. The State Of Bihar

2025-02-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3760 of 2025 Arising Out of PS. Case No.-18 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Ram Babu Rai, S/o Jawahir Ray R/o vill - Madarna @ Gopinathpur, P.S. and Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 419 and 420 of the I.P.C. and Sections 30(a), 32, 41(1)(2) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 3533.40 litres of liquor from a Tata vehicle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on confessional statement of apprehended accused Akash Kumar in police custody, which does not have any evidentiary value. It is

Patna High Court CR. MISC. No.3760 of 2025(3) dt.28-02-2025 2/2 also submitted that petitioner is in custody since 10.10.2024 and charge-sheet has been submitted.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Dharmendra Kumar Tiwari, the learned Exclusive Special Judge (Excise-II), Kaimur at Bhabhua in connection with Durgawati P. S. Case No.18 of 2023.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T