Munna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34241 of 2017 Arising Out of PS.Case No. -279 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Munna Ram Son of Banarsi Ram Resident of Village - Pakariya Falka, P.S. Falka, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in judicial custody since 18.05.2017 in connection with Azam Nagar P.S.Case No. 279 of 2016 registered for offences punishable under Sections 30 (a) of the Bihar prohibition Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on confidential information he along with other police personnel raided the place of occurrence and about 57 liters illegal wine was recovered from the joint possession of petitioner and other co-accused persons. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.34241 of 2017 (2) dt.25-07-2017 2/2 petitioner that he is innocent has no criminal history and not named in the F. I. R. He further submits that nothing has been recovered from his conscious possession and the owner of the vehicle has given the name of the petitioner but he was only driving the said vehicle on the alleged date. He further submits that charge sheet has already been submitted hence there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge -II Cum-Special Judge, Excise Act, Katihar in connection with Azam Nagar P.S. Case No. 279 of 2016.

(Nilu Agrawal, J) Sudha/- U T