Patna High CourtCR. MISC./11148/2024bail granted

Arun Ram v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11148 of 2024 Arising Out of PS. Case No.-233 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Arun Ram S/O Achchhelal Ram Village- Harajpur, PS.- Muffasil, Motihari, Distt. East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, 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 Muffasil Motihari P.S. Case No. 233 of 2021 instituted for the offences under Section 30(a)(c), 32 and 41(1) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered 15 liters of country-made liquor and other equipment/pipes used for making liquor from the plastic sack thrown by the petitioner. It is alleged that on seeing the police vehicle, the petitioner fled away from the spot after throwing the plastic sack.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.11148 of 2024(2) dt.22-02-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitoiner was not arrested at the spot and has no concern with the seized liquor or the equipment. The petitioner has been implicated in the present case mere on suspicion at the instance of local Chowkidar. The petitioner has five criminal antecedents and in all of them, he is on bail. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 27.12.2023. Charge-sheet has been submitted in this case.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Muffasil Motihari P.S. Case No. 233 of 2021, subject to following conditions:- (i) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.11148 of 2024(2) dt.22-02-2024 3/3 the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) rishi/- U T