Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19858 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== SURESH RAM, aged about 45 years, (M) S/o Dhupa Ram, Resident of Village-Ekdari, P.S-Chhauradano, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation is recovery of 440 bottles of foreign liquor kept in three sack, which was thrown in anxiety by the accused when they saw police and tried to fled away, however, petitioner was apprehended on the spot and other two accused managed to escape.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. He has been arrested only on

Patna High Court CR. MISC. No.19858 of 2019(2) dt.02-04-2019 2/3 suspicion. Petitioner has got no criminal antecedent and is in custody since 06.02.2019.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Chhauradano P.S. Case No. 39 of 2019, with following condition:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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.

Patna High Court CR. MISC. No.19858 of 2019(2) dt.02-04-2019 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

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