Pradeep Ram @ Pramod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3787 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- PRATAPGANJ District- Supaul ====================================================== Pradeep Ram @ Pramod Ram S/O Chhoti Ram, Resident of VillageBhavanipur North, P.S.- Pratapganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Goutam, Advocate For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-03-2023 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Sessions Trial No. 477 of 2022 arising out of Pratapganj P.S. Case No. 104 of 2022, registered for the alleged offences under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, police received secret information about the petitioner and two other co-accused persons hiding huge quantity of illicit liquor in some piece of land. A raid was conducted and three persons escaped from the place of occurrence. From the said place, 258 liters of Nepali

Patna High Court CR. MISC. No.3787 of 2023(2) dt.04-03-2023 2/3 country made liquor along with two motorcycles were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on saying of local chowkidar. Nothing incriminating has been recovered from the conscious possession of this petitioner. The petitioner was not apprehended from the spot. The petitioner is in custody since 19.08.2022 and chargesheet has been submitted in this case. The petitioner has got no criminal history.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner was not apprehended from the spot and no recovery has been shown from his conscious possession and further considering the period of custody of the petitioner and his clean antecedent along with the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.2, Supaul in connection with Sessions Trial No. 477 of 2022 arising out of Pratapganj

Patna High Court CR. MISC. No.3787 of 2023(2) dt.04-03-2023 3/3 P.S. Case No. 104 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T