Ramesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68235 of 2018 Arising Out of PS. Case No.-403 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Ramesh Ram, Son of Late Chandu Ram, Resident of Village- Bhatlahiya, PS.- Jitna, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Excise Case No. 403 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Informant has alleged that some persons were coming from Nepal keeping one bag on their head and on seeing police they threw the bag and started fleeing away but two of them were apprehended on the spot after chase who disclosed their name as Ramesh Ram (petitioner) and Bhulan Manjhi. On searching the bag 138 litres of Nepali country made liquor was recovered from said bag.

Patna High Court Cr.Misc. No.68235 of 2018(2) dt.27-11-2018 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case and the real culprit fled away. Petitioner has no criminal antecedent and he is in custody since 28.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, East Champaran, Motihari, in connection with Excise Case No. 403 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T