Umesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21589 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Umesh Ram, Son of Late Ram Parvesh Ram, village- Khanani Kala, PsAgiaon Bazar, Dist- Bhojpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachchida Nand Singh, Advocate For the State :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Agiaon Bazar P.S. Case No. 100 of 2024, dated 23.06.2024, registered for the offences punishable under Sections 30(a), 44 and 45 of Bihar Prohibition and Excise (Amendment) Act, 2018 and Under Sections 147, 148, 149, 341, 323, 324, 325, 307, 308, 332, 333, 336, 337, 338, 353, 224, 225, 426 and 427 of Indian Penal Code read with Section 3 of the Public Property Damage Prevention Act, 1987.
3. As per allegation made in the FIR, 10 litres of country made Mahua liquor was recovered from the house of co-accused, Sudarhasan Musahar in course of search conducted by the police officer. The accused persons restrained and
Patna High Court CR. MISC. No.21589 of 2025(2) dt.02-05-2025 2/3 assaulted the police party. The FIR is against 44 persons.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that seven co-accused including the coaccused from whose house recovery of 10 litres of country made liquor has been made, has already been enlarged on bail by a coordinate Bench of this Court vide orders dated 04.12.2024 passed in Cr. Misc. No. 81567 of 2024 and Cr. Misc. No. 80130 of 2024, respectively.
5. It is also stated in paragraph No. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Patna High Court CR. MISC. No.21589 of 2025(2) dt.02-05-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Agiaon Bazar P.S. Case No. 100 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Ramesh,S.Ali/- U T