Prem Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9386 of 2025 Arising Out of PS. Case No.-400 Year-2024 Thana- MASHRAK District- Saran ====================================================== Prem Ram, aged about 40 years, Male, son of Dhurandhar Ram, resident of Village- Khairanpur, P.S- Mashrakh, District- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Mashrakh PS Case No.400 of 2024 dated 29.06.2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is of recovery of five litres country made spirit from the back side of the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered either from the conscious possession or from the house of the petitioner. The recovery has been made from the back side of the house of the petitioner. It is
Patna High Court CR. MISC. No.9386 of 2025(2) dt.06-03-2025 2/3 also submitted that seven cases of similar nature are pending against the petitioner.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra, in Mashrakh PS Case No.
Patna High Court CR. MISC. No.9386 of 2025(2) dt.06-03-2025 3/3 the proceeding for cancellation of bail on ground of misuse, (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail, and (v) that the petitioner after surrendering in the Court below shall appear before the SHO of his area along with a copy of this order within a period of two weeks and thereafter shall appear every fortnightly before him to mark is attendance till the conclusion of trial.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T