Amarjeet Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34918 of 2016 Arising Out of PS.Case No. -121 Year- 2016 Thana -EKMA District- SARAN ====================================================== Amarjeet Ram, Son of Muntun Ram, resident of village - Ekma Tola Vishunpur Chata, P.S.- Ekma, District-Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Ekma P.S. Case No. 121/16 for offences alleged under Sections 272, 273 of the Indian Penal Code and under Section 47 of the Bihar Excise (Amendment) Act, 2016.

The prosecution case is that informant along with police personnel raided the house of petitioner and in presence of independent witnesses recovered 129 bottles of Imperial Blue foreign liquor each containing 375 ml. and 42 bottles of M/s Donald foreign liquor and, accordingly, seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated due to dirty village politics. He submits that no

Patna High Court Cr.Misc. No.34918 of 2016 (3) dt.08-09-2016 2/2 incriminating article has been recovered from his possession and the seizure-list was prepared after a delay of three days as the date of occurrence is 25.06.2016 and the seizure-list has been sent to the court on 28.06.2016, which makes the entire seizure doubtful and raises suspicion. He also submits that the said seizure-list has not been handed over to him or to his family members, which is in violation of the provisions of Section 100 Cr.P.C. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since suspicion has been raised as seizure-list has not been handed over to the family members of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Ekma P.S. Case No. 121/16, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T