Raju Ram @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39735 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Raju Ram @ Raju Kumar son of Mahesh Ram, resident of Village - Khalispur Bhatwalia, P.S. - Siwan Mufassil, Distt. Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-08-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 08-05-2017 in Siwan Mufassil P.S. Case No. 23 of 2017 registered for offence under Sections 272, 273, 308, 420 of the Indian Penal Code and Section 41(1) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

Learned counsel for the petitioner, at the very outset, submits that no recovery was effected either from conscious possession of the petitioner or from premises of the petitioner, rather in the case, recovery of about 64 liter Indian make foreign liquor was shown near the baandh besides a school boundary and it was alleged that petitioner was seen fleeing away. Learned counsel for the petitioner, by way of referring to Annexure - 2 to

Patna High Court Cr.Misc. No.39735 of 2017 (2) dt.19-08-2017 2/2 the petition i.e. copy of F.I.R. in Siwan Mufassil P.S. Case No. 22 of 2017, submits that it is a peculiar case that on the same date, it was alleged that petitioner on a motorcycle was carrying huge quantity of Indian make foreign liquor and on the same date, the petitioner was made accused in two different cases, in which, recovery was effected from two different places, otherwise, he submits that petitioner was having clean antecedent. Considering the nature of accusation and period of custody, let the petitioner namely Raju Ram @ Raju Kumar 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 learned 2nd Additional District & Sessions Judge (Special Judge, Excise), Siwan in connection with Siwan Mufassil P.S. Case No. 23 of 2017.

(Rakesh Kumar, J.) Anay U T