Arunjai Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18433 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== ARUNJAI RAM Son of Mahendra Ram Resident of Village - Shekhpura, P.S.- Muffasil, Distt - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umeshanand Pandit For the Opposite Party/s :
Mr.Renuka Ratnakar Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 15 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
The case of the prosecution is that during the course of patrolling duty, the informant and other police personnel received information that huge quantity of liquor was being
Patna High Court CR. MISC. No.18433 of 2020(2) dt.05-06-2020 2/3 carried on a truck whereafter the said truck was apprehended near the Aganwari Centre and the driver of the truck, namely, Kanta Ram, was apprehended apart from two persons who were sitting in the cabin of the truck, namely, Mithlesh Ram and Arunjai Ram i.e. the petitioner herein. Upon search, huge quantity of illicit foreign liquor was recovered from the said truck.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 30.1.2020. It is further submitted that similarly situated co-accused person, namely, Mithlesh Ram has already been granted regular bail by a coordinate Bench of this Court vide order dated 15.5.2020 passed in Criminal Miscellaneous No. 15790 of 2020.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused person, who has already been granted bail by the coordinate Bench of this Court, I deem
Patna High Court CR. MISC. No.18433 of 2020(2) dt.05-06-2020 3/3 it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of the learned Additional Sessions Judge, VII-Cum-Special Judge (Excise), Aurangabad in connection with Muffasil P.S. Case No. 15 of 2020.
It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned Additional Sessions Judge, VIICum-Special Judge (Excise), Aurangabad in connection with Muffasil P.S. Case No. 15 of 2020, failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically.
The present petition stands allowed.
(Mohit Kumar Shah, J) Ajay/- U T