Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5887 of 2022 Arising Out of PS. Case No.-47 Year-2021 Thana- PARASI District- Jehanabad ====================================================== SANJAY RAM Son of Late Rajbali Ram @ Bali Ram Resident of Village Sabajpura, P.S. Mahendia, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2018, registered in connection with Excise Case No. 678 of 2021 arising out of Parasi P.S.Case No. 47 of 2021.

As per allegation, the present petitioner along with co-accused Vikash Kumar was apprehended while they were carrying illicit wine by a motor-cycle. 80 litres of country-made

Patna High Court CR. MISC. No.5887 of 2022(2) dt.25-05-2022 2/3 liquor was recovered from their possession.

The learned counsel for the petitioner has submitted that the petitioner has got no criminal antecedents and he is in custody since 13.08.2021. He has submitted further that on similar footing co-accused Vikash Kumar was granted bail by a coordinate Bench of this Court, vide Cr.Misc. No. 58736 of 2021.

Considering the above facts and circumstances, let the petitioner above-named 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 learned Additional Sessions Judge-II-cum-Special Judge, Excise, Jehanabad in connection with Excise Case No. 678 of 2021, arising out of Parasi P.S.Case No. 47 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is

Patna High Court CR. MISC. No.5887 of 2022(2) dt.25-05-2022 3/3 found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T