Raju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23170 of 2020 Arising Out of PS. Case No.-104 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== RAJU RAM Son of Late Jeewas Ram Resident of Village - Patiyasa Mirzapur, P.S.- Ahiyapur, District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner seeks bail in a case registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act.

Prosecution's case, in brief, is that the petitioner and one another accused person were travelling in a car from which 204 liters of liquor was recovered. Petitioner was arrested on the spot and his aide managed to escape anyhow.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that the petitioner has been made the victim of circumstance and in fact he was coming from Delhi on foot due to Lockdown and the police planted the recovery due to ulterior motive. He submits that the petitioner is no way related with the said recovery. Petitioner has got no criminal antecedent and he is in custody since 29.5.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on

Patna High Court CR. MISC. No.23170 of 2020(2) dt.08-09-2020 2/2 bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Gopalganj in Excise case no. 104/2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T