Rakesh Kumar Ram @ Rakesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11051 of 2020 Arising Out of PS. Case No.-430 Year-2019 Thana- BARHARIA District- Siwan ====================================================== RAKESH KUMAR RAM @ RAKESH RAM Son of Late Daroga Ram Resident of Village - Rohra Kala Mahua Tola, P.S.- Barharia, District - Siwan. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Pandey, Advocate.
For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-06-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 & 308/34 of the Indian Penal Code and Section 30 (a) & 41 (1) of the Bihar Prohibition and Excise Act, 2016. 777.600 liters of foreign liquor is said to have been recovered from a Bolero vehicle and the petitioner managed to escape.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case by the police merely on suspicion. He was not apprehended on
Patna High Court CR. MISC. No.11051 of 2020(2) dt.11-06-2020 2/2 the spot. Petitioner has no criminal antecedent. Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise, Siwan in connection with Barharia P.S. Case No. 430 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.25,000.00 (Rupees Twenty Five Thousand) in the PM Cares fund.
(Anjani Kumar Sharan, J) Trivedi/- U T