Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2562 of 2020 Arising Out of PS. Case No.-323 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== Suresh Ram, Son of Upender Ram, Resident of Village - Hanuman Nagar, P.S.- Gaighat (Benibad O.P.), Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Gaighat P.S. Case No. 323 of 2019 registered for the offence(s) punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, a person had been arrested with 10 litres of country-made wine from Tejaul Chowk with two motorcycles and he disclosed that the petitioner was his partner who had managed to escape.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovered wine and he has no criminal antecedent.

Patna High Court CR. MISC. No.2562 of 2020(2) dt.26-02-2020 2/2 Considering the aforesaid facts and circumstances as well as the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 Special Judge, Excise, Muzaffarpur in connection with Gaighat P.S. Case No. 323 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Ankit/- U T