Rajan Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22426 of 2020 Arising Out of PS. Case No.-942 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Rajan Kumar Ram Son of Chandeshwar Ram Resident of Village - Barewa (Birwa), P.S.- Dhaka, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chourasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Excise Case no. 942 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, the petitioner was caught with 86.4 litres of Nepali liquor while he was returning from Nepal on a motorcycle.

It is submitted by learned counsel for the petitioner that earlier the application for bail of the petitioner was rejected vide order dated 10.12.2019 (Annexure-1) passed in Cr. Misc. no. 81108 of 2019 giving liberty to the petitioner to renew his prayer for bail after completing six months in custody. The

Patna High Court CR. MISC. No.22426 of 2020(2) dt.28-08-2020 2/2 petitioner is in custody since 21.10.2019 and has no criminal antecedent.

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

Having heard learned counsel for the parties and taking into consideration the facts as stated above as also observation given in the earlier order rejecting the application for bail of the petitioner, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Excise Case no. 942 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, East Champaran, Motihari.

The above order has been passed subject to the condition that the counsel for petitioner shall remove the defects pointed out by the stamp reporter within four weeks of normal functioning of Court being restored.

(Partha Sarthy, J) Prakash/- U