Ramadhar Ram @ Ram Adhar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10324 of 2024 Arising Out of PS. Case No.-410 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Ramadhar Ram @ Ram Adhar Ram Son Of Late Bihari Ram Resident Of Village- Shivpur, Ps- Chainpur, Distt- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajani Kant Pandey, Advocate For the State :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chainpur P.S. Case No. 410 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3.

As per prosecution case, there is recovery of total 150 liters of illicit mahua liquor from the forest. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-12-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.10324 of 2024(2) dt.22-02-2024 2/2 case. Petitioner has no concern with the alleged recovered liquor. The recovery is from an open place, which is accessible to one and all. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chainpur P.S. Case No. 410 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T