Ramjee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31130 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== RAMJEE KUMAR, Son of Satua Narayan Mahto Resident of Village - Purani Gudri, Bhawani Singh Marg, P.S. Town, District Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar- Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Learned counsel for the petitioner is permitted to make necessary correction in the satisfaction portion of the bail petition during course of the day.

Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Town P. S. Case No.128 of 2021, instituted for the offences under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 21.02.2021 and is a person with clean antecedent, charge-sheet has been submitted in the case. Allegation is of recovery of 20 litres of country-made

Patna High Court CR. MISC. No.31130 of 2021(2) dt.25-11-2021 2/2 wine from the possession of the petitioner. From perusal of the F.I.R., it would manifest that total recovery is of 40 litres of liquor.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that 40 litres of liquor has been recovered, but from the possession of this petitioner, it is alleged that recovery is of 20 litres of country-made liquor.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 21.02.2021 and is a person with clean antecedent, chargesheet has been submitted in the case, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Town P. S. Case No.128 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T