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Patna High CourtCR. MISC./14491/2019allowed

Binod Ram And ANR v. The State Of Bihar

2019-03-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14491 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- KORANSARAI District- Buxar * ====================================================== 1.

BINOD RAM S/o- Patwari Ram Resident of Village- Mungaon, P.S.- Koransarai, District- Buxar.

2.

Jitendra Ram @ Jitendra Kumar Ram S/o- Shiv Kumar Ram Resident of Village- Mungaon, P.S.- Koransarai, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-03-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Koran Sarai P.S. Case No. 134/2018 for the offence under sections 147, 149, 188, 332, 333, 353, 504, 506, 427, 201 of the Indian Penal Code and Section 30(a) of the Bihar Excise (Amendment) Act. Learned counsel for the petitioners would submit that petitioners have no criminal antecedent.

Referring to the prosecution case, he submits that the police raided the house of Mahesh Ram and recovered 5 bottles of 180 ml. of English liquor from the accused persons when they were taking wine. The petitioners were apprehended on the

Patna High Court CR. MISC. No.14491 of 2019(2) dt.08-03-2019 2/2 spot.

While the police was raiding the house of Mahesh Ram, 20 to 25 persons including the women used force to prevent the police from performing their lawful duty. The petitioners are in custody since 12.1.2019. Learned counsel submits that nothing was recovered from the possession of the petitioners. The wine was recovered from the house of Mahesh Ram and not from these petitioners. Considering the fact that petitioners have no criminal antecedent, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Buxar, in connection with Koran Sarai P.S. Case No. 134 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T