Ram Chandra Harijan @ Ram Chandra Bater @ Ramchandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5446 of 2023 Arising Out of PS. Case No.-140 Year-2021 Thana- BAISI District- Purnia ====================================================== RAM CHANDRA HARIJAN @ RAM CHANDRA BATER @ RAMCHANDRA S/o Vijay Harijan R/o Village- Chainpur, P.S.- Angarh, Distt- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2023 1.

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

2.

Petitioner seeks regular bail in connection with Baisi P.S. Case No.140 of 2021 dated 10.05.2021 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41 and 47 of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to recovery of 810 litres of foreign liquor and the same was recovered from a Bolero Pickup vehicle which is under the ownership of this petitioner and admittedly the petitioner was not arrested at the spot and the driver and co-driver, who were

Patna High Court CR. MISC. No.5446 of 2023(2) dt.28-04-2023 2/2 apprehended at the spot from the said vehicle have been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos.40250 of 2021 and 40181 of 2021 and petitioner's case stands on better footing from them as he was not arrested at the spot and he has fair and clean antecedent and has been languishing in jail since 09.12.2022 and against him the investigation has been completed.

4.

Learned APP appearing for the State has opposed the bail prayer.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and also the fact that against him the investigation has been completed and two co-accused persons who were apprehended at the spot from the alleged vehicle with the alleged wine are on bail, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Baisi P.S. Case No.140 of 2021.

(Shailendra Singh, J) sangam/- U T