Birju Ram @ Biraju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26752 of 2020 Arising Out of PS. Case No.-344 Year-2017 Thana- RAJPUR District- Buxar ====================================================== BIRJU RAM @ BIRAJU RAM Son of Ramesh Ram Resident of Village - Khalasi Muhalla, P.S.- Buxar (T), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Rajpur P.S. Case No. 344 of 2017, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

17.13 litres of foreign liquor is said to have been recovered from a tempo and three persons were apprehended on the spot who disclosed that the recovered liquor belongs to Birju Ram (petitioner).

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.26752 of 2020(3) dt.05-11-2020 2/2 petitioner has falsely been implicated in this case. Petitioner was not apprehended on the spot. Nothing has been recovered from conscious possession of this petitioner. Petitioner has got no concern with the alleged liquor. Petitioner is in custody since 24.02.2020.

Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner has got criminal antecedent and seven more cases out of which two cases of Excise Act are pending against this petitioner. Considering the facts aforesaid and criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner above-named on bail at this stage. Accordingly, the same is rejected.

Trial court is directed to conclude the trial as early as possible.

(Prabhat Kumar Singh, J) vinita/- U T