Indal Ram @ Pandit Ji @ Indra Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7959 of 2020 Arising Out of PS. Case No.-93 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== INDAL RAM @ PANDIT JI @ INDRA KUMAR RAM, Son of Ram Saran Ram, Resident of Village- Dhanusi, P.S.- Laukaha (Lalmaniya O.P.), DisttMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr.Sangeeta Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. As per FIR, during patrolling duty one Scorpio vehicle was stopped, on search of vehicle 1830 bottles, each containing 300 ml. of Nepali liquor recovered. Surendra Prasad driver of the vehicle disclosed that liquor were loaded by the petitioner to deliver at the house of Dinesh Gupta.

Patna High Court CR. MISC. No.7959 of 2020(2) dt.29-02-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Nothing was recovered from the possession or house of the petitioner. Petitioner has no concern with the seized wine or the seized Scorpio. Similarly placed co-accused has been granted bail by co-ordinate bench of this court vide order dated 14.11.2019 passed in Cr. Misc. No. 67294 of 2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Laukaha P.S. Case No. 93 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel

Patna High Court CR. MISC. No.7959 of 2020(2) dt.29-02-2020 3/3 his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T