Chhote Ram @ Devendra Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7569 of 2019 Arising Out of PS. Case No.-275 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== 1.
Chhote Ram @ Devendra Ram Age - 25 years, Gender - Male, S/O Kapleshwar Ram 2.
Ram Vinay Ram, age - 23 years Gender - Male Son of Late Chandeshwar Ram.
Both R/O Village-Sonar, P.S.-Riga, District - Sitamarhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Mishra For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-04-2019 Heard Sri Vijay Kumar Mishra, learned counsel for the petitioners and Sri Ganesh Prasad Singh, learned Additional Public Prosecutor.
Two petitioners, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition, have approached this court with a prayer to extend the privilege of bail in the event of their arrest or surrender in connection with Riga P.S. Case No. 275 of 2018 registered for the offence under Section 272/273 of the Indian Penal Code, 1860 and Section 30 (A) of the Bihar Prohibition And Excise Act, 2016. Learned counsel for the petitioners submits that from possession of petitioner no. 2 nothing has been recovered
Patna High Court CR. MISC. No.7569 of 2019(3) dt.04-04-2019 2/2 whereas petitioner no. 1 has falsely been arrayed as accused as if from his kitchen one liter of country made liquor was recovered. It has been argued that search and seizure was contrary to the procedure established by law. Be that as it may, considering the nature of accusation and the fact that petitioners are having clean antecedent, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners:- (1) Chhote Ram @ Devendra Ram, and (2) Ram Vinay Ram be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned A.D.J. II - cum- Special Judge, Excise Act, Sitamarhi / concerned court in connection with Riga P.S. Case No. 275 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T