Ravi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9799 of 2020 Arising Out of PS. Case No.-535 Year-2019 Thana- MASHRAK District- Saran ====================================================== 1.

RAVI RAM Son of Raja Ram Resident of Village - Barakala, P.S.- Sadar, District - Jind (Hariyana).

2.

Tinku Sharma Son of Pala Ram Resident of Village - Bhiwani road Baypass, P.S.- Sadar, District - Jind. (Hariyana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Masrakh P.S. Case No.535 of 2019 registered under Sections 272, 273, 467, 468, 471 and 414 of the Indian Penal Code besides Sections 30, 30(a), 36, 38 and 41 of the Bihar Prohibition and Excise Act.

The accusation is that on receiving the secret information about parking of the truck in suspicious condition near Kamla Cold Storage, situated in Masrakh-Chapra Road, and presence of some persons there, the informant along with other police personnel reached there and saw that a truck beside

Patna High Court CR. MISC. No.9799 of 2020(2) dt.28-02-2020 2/3 the road was parked there and apart from the truck, a car and motorcycle were also parked there. Some persons were also present there. On seeing the vehicle of the police, the persons, who were present there, started to flee away but, on chase, three persons were caught hold, while other succeeded to flee away taking the advantage of the darkness. The caught hold persons disclosed their name as Ravi Ram (petitioner no.1), Veera Singh and Tinku Sharma (petitioner no.2). While the driver of the Swift Dzire car tried to flee away from there but he was stopped. Three persons also tried to flee away from there boarding on motorcycle but they were apprehended. The driver of the car disclosed his name as Dilip Dubey.

Three persons, who were on motorcycle, disclosed their name as Shailesh Singh alias Dara Singh, Lallan Rai and Angad Singh. On search of the truck, two persons were also found sitting on the truck, who disclosed their name as Rakesh Kumar and Yogendra Singh. On search of the truck, several bottles, each containing Indian Made Foreign Liquor in different quantity, and on search of the car, 12 bottles, each containing 750 ml. Indian Made Foreign Liquor, total in the volume of 3881.880 liters were recovered.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.9799 of 2020(2) dt.28-02-2020 3/3 submits that the petitioners are neither the drivers nor the owners of the seized vehicles. The petitioners being the local resident had gone to the market but, on mere suspicion, the police apprehended the petitioners. The petitioners have no criminal antecedents and are in custody since 11.12.2019. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Saran at Chapra, in connection with Masrakh P.S. Case No.535 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T