Patna High CourtCR. MISC./23781/2024bail granted

Arun Ram v. The State Of Bihar

2024-04-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23781 of 2024 Arising Out of PS. Case No.-174 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Arun Ram S/O Achchhelal Ram R/O Village- Harajpur, P.S- Muffasil Motihari, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Motihari Muffasil P.S. Case No. 174 of 2018, instituted for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 30 liters liquor was recovered from bamboo bush.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the alleged recovery has been made from bamboo

Patna High Court CR. MISC. No.23781 of 2024(2) dt.01-04-2024 2/2 bush which belongs to Devraj Ram and it is an open place. The petitioner is in custody since 30.01.2024 and has got five criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Motihari Muffasil P.S. Case No. 174 of 2018, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T