Patna High CourtCR. MISC./35630/2019bail granted

Wakil Ram v. The State Of Bihar

2019-08-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35630 of 2019 Arising Out of PS. Case No.-834 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== WAKIL RAM Son of Late Ramchandra Ram @ Chandra Ram Resident of Village- Ambedkar Nagar, Ward No.31 Baswariya, Bettiah, Police StationBettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Bettiah Town P.S. Case No. 834 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a secret information, a raid was conducted in under-construction house. The informant and other police personnel managed to catch hold of one person, who was found to be having five litres of country made liquor and it transpired that the same house belongs to this petitioner. It is submitted by learned counsel for the petitioner that except the confessional statement of co-accused, there is no

Patna High Court CR. MISC. No.35630 of 2019(4) dt.28-08-2019 2/2 material against the petitioner. Recovery of five litres country made liquor is from the possession of co-accused, namely, Amod Kumar and not from the petitioner. He is in custody since 08.02.2018.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that petitioner is in custody since 08.02.2018, this court is inclined to enlarge him on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 834 of 2017. (Partha Sarthy, J) sushma/- U T