Hare Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 20771 of 2022 Arising Out of PS. Case No.-481 Year-2021 Thana- EKMA District- Saran ====================================================== HARE RAM SINGH Son of late Satendra Singh Resident of Village - Bhuily, P.s.- Ekma, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== 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 Ekma P.S. Case No. 481 of 2021 registered for the offences punishable under Sections 30(a) and 41(i)(ii) of Bihar and Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 150 litres liquor from the motorcycle in question. The petitioner was apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is in custody since 11.12.2021 and bears criminal antecedent of one case of similar nature. Charge sheet has been

Patna High Court CR. MISC. No. 20771 of 2022(2) dt.22-07-2022 2/3 submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that he has been falsely implicated in this case due to ulterior motive at the instance of their enemies.

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, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Judge, Excise, Saran in connection with Tr. No. 164 of 2022 arising out of Ekma P.S. Case No. 481 of 2021, 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 remain present on all dates and absence for two consecutive

Patna High Court CR. MISC. No. 20771 of 2022(2) dt.22-07-2022 3/3 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