Ramjanam Dharhi @ Ram Janam Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25267 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- SARE District- Nalanda ====================================================== Ramjanam Dharhi @ Ram Janam Ram S/o Late Arjun Dharhi R/o villageOnda, P.S.- Sare, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash, Advocate For the Opposite Party/s :

Mr. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sare P.S. Case No.1 of 2022 registered for the offence under Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 15.01.2022.

The allegation against the petitioner is to run away from the place where there was recovery of 80 liters of country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis

Patna High Court CR. MISC. No.25267 of 2022(2) dt.01-07-2022 2/3 of disclosure made by one of the villagers gathered after recovery of 80 liters of country made liquor and nothing recovered from the conscious physical possession of the petitioner. It has been submitted that recovery has been made from an open place. It has further been submitted that petitioner is involved in three other criminal cases in which he is on bail. While concluding the argument, it has been submitted the chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery has been made from an open place coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Sare P.S. Case No.1 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge-cum-Special Judge, Excise-II, Nalanda at Biharsharif, subject to the following conditions:

"(i) That accused/petitioner shall

Patna High Court CR. MISC. No.25267 of 2022(2) dt.01-07-2022 3/3 not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(iii) That one of the bailors shall be Renu Devi, who is the wife of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T