Ram Babu Kumar @ Ram Babu Yadav @ Ram Babu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16538 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== Ram Babu Kumar @ Ram Babu Yadav @ Ram Babu Kumar Yadav S/o Bindeshwar Yadav Resident of Village- Mahadevpatti, Ward No.12, P.s.- Harlakhi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Harlakhi P.S. Case No. 42 of 2022 registered for the offence under Sections 272 and 273 of the India Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 14.02.2022.
The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 99
Patna High Court CR. MISC. No.16538 of 2022(2) dt.15-07-2022 2/3 litres of illicit liquor.
Learned counsel appearing on behalf of the petitioner submitted that the recovery has been made from open door of the house of the petitioner, which is jointly occupied by other family members, as such, it cannot be said that the alleged recovery has been made from the conscious physical possession of the petitioner. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery has been made from jointly occupied house.
Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Harlakhi P.S. Case No. 42 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.16538 of 2022(2) dt.15-07-2022 3/3 each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge Excise Act, Madhubani, subject to the following conditions:
"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Hemo Devi, who is the wife of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T