Samodh Ram @ Samod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13968 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Samodh Ram @ Samod Ram Son Of Late Mahanthi Ram R/O VillageRamani Tola Ward No.-4, P.S.- Singheshwar, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-04-2023

1. Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2. Heard learned counsel for the petitioner and the learned APP for the State.

3. Petitioner seeks regular bail in connection with Madhepura Excise P.S. Non FIR Case No. 48 of 2023 related to Madhepura Excise Complaint Case No. 08/2023 dated 10.01.2023 registered for the offence punishable under Section 37 of Bihar Prohibition and Excise Act.

4. The main submissions advanced by petitioner's counsel are that the petitioner is quite innocent and nothing as alleged has been recovered from the conscious possession of

Patna High Court CR. MISC. No.13968 of 2023(2) dt.24-04-2023 2/2 this petitioner and he was dragged in this case merely on the basis of suspicion and the petitioner is a labourer, which is evident from the complaint itself. Further submissions are that the petitioner has been languishing in jail since 11.01.2023 and there are criminal antecedents of two cases against the petitioner in which he is on bail.

5. Learned APP appearing for the State has opposed the bail prayer.

6. In view of the facts, as stated above and mainly considering the facts that the petitioner is stated to be a labourer and he has been languishing in jail since 11.01.2023, in my opinion the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Madhepura Excise P.S. Non FIR Case No. 48 of 2023 related to Madhepura Excise Complaint Case No. 08/2023.

(Shailendra Singh, J) annu/- U T