Anil Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18751 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== ANIL RAM S/o Late Satya Narayan Ram R/o village- Rajendra Nagar, P.S.- Pradhan Nagar Siliguri, District- Darzaling (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Forbesganj (Simraha) P.S. Case No. 122 of 2022 registered for the offences punishable under Sections 30(a) and 38(i) of Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of 1283.25 litres liquor from the vehicle in question and petitioner was not apprehended on the spot. The name of the petitioner has been disclosed by spy.

Learned counsel for the petitioner submits that petitioner is in custody since 03.02.2022 and bears no criminal

Patna High Court CR. MISC. No. 18751 of 2022(3) dt.22-07-2022 2/3 antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the conscious possession of the accused petitioner.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and the petitioner was not apprehended on the spot and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise 1st, Araria in connection with Forbesganj (Simraha) P.S. Case No. 122 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will

Patna High Court CR. MISC. No. 18751 of 2022(3) dt.22-07-2022 3/3 remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) minu/- U T