Permanand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35871 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== PERMANAND RAM SON OF RAMJI RMA RESIDENT OF VILLAGESANSARPUR, P.S.- MUFFASIL (KHAGARIA), DISTRICT- KHAGARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Ms. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Maheshkhunt Police Station Case No. 48 of 2021, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, on the basis of secret information, proceeded towards the place of occurrence and on seeing the police, two persons came out of the house and started fleeing away, however, one of the person, i.e. the petitioner, was apprehended and the petitioner disclosed the name of the person who fled away as Deo Narayan Choudhary and on search of the house of co-accused Deo Narayan Choudhary, 50 litres of illicit

Patna High Court CR. MISC. No.35871 of 2021(2) dt.06-01-2022 2/3 country made liquor and jawa mahua was recovered. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case based upon a secret information while he was going towards is house. He further submits that the petitioner has got no criminal antecedent and no illicit liquor and/or jawa mahua has been recovered from his possession. He further submits that the petitioner is in custody since 12.03.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted, no illicit liquor has been recovered from the possession of the petitioner, and the petitioner is in custody since 12.03.2020, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.35871 of 2021(2) dt.06-01-2022 3/3 sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Khagaria, in connection with Maheshkhunt Police Station Case No. 48 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √