Vinod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7587 of 2019 Arising Out of PS. Case No.-432 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Vinod Ram, (Male), aged about 27 years, Son of Sitaram Ram, R/o village Atwarpur Pakri, P.S- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.V.M.K. Sinha, Adv.

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Lalganj P.S. Case No. 432 of 2018 registered for the offences punishable under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 4502.600 m.l. illicit foreign liquor from one Mahindra and one Tata Tiago Car which was kept in a open place. Allegation against petitioner is that he was identified by the chowkidar when he was fleeing away.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.7587 of 2019(2) dt.18-02-2019 2/3 falsely implicated in this case. Nothing was recovered from his possession. He was not present at the place of occurrence and has been implicated on the identification of chowkidar. He is not accused in any of the Excise cases. Petitioner is in custody since 08.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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, 2nd-cum-Special Judge, Hajipur, Vaishali, in connection with Lalganj P.S. Case No. 432 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature

Patna High Court Cr.Misc. No.7587 of 2019(2) dt.18-02-2019 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T