Ramanand Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2836 of 2022 Arising Out of PS. Case No.-245 Year-2021 Thana- KHANPURA District- Samastipur ====================================================== Ramanand Ray, Son of Ram Sewak Ray Resident of Village- Madhuwan, P.S.- Khanpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

The petitioner seeks regular bail in connection with Khanpur P.S. Case No. 245 of 2021, registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As alleged by prosecution, there is alleged recovery of 21 litres of country made liquor from the motorcycle of the present petitioner.

Learned counsel for the petitioner has submitted that petitioner bears no criminal history and he is in custody since 27.10.2021 and it has been submitted that seizure list has been made but no compliance of Cr.P.C has been made, Charge-sheet

Patna High Court CR. MISC. No.2836 of 2022(2) dt.15-06-2022 2/2 has already been submitted and there is no chance of tampering with the evidence.

The learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and the period of custody, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-IInd-cum Special Judge, Excise Act, Samastipur, District- Samastipur in connection with Khanpur P.S. Case No. 245 of 2021, subject to following condition:

(i) One of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned trial court itself.

(Alok Kumar Pandey, J) Ranjeet/- U T