Ravindra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26941 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== Ravindra Ram S/o Sita Ram R/o village- Jafarpatti, P.S.- Raja Pakar, DistrictVaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2022 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 Kateya P.S. Case No. 97 of 2022 registered for the offence punishable under Section 414 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

The accused/petitioner is named in the F.I.R. and is in custody since 11.03.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 180 litres of IMFL liquor from the dicky of the Car

Patna High Court CR. MISC. No.26941 of 2022(2) dt.29-07-2022 2/3 bearing registration no. UP57N7195.

Learned counsel appearing on behalf of the petitioner submitted that the recovery of illicit liquor is from the dicky of the car, and as such it cannot be said that same has been recovered from the conscious physical possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged recovery of illicit liquor was made from the dicky of the car.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kateya P.S. Case No. 97 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 Addl. District and Sessions Judge-II-cumSpecial Excise Court-I, Gopalganj, subject to the following

Patna High Court CR. MISC. No.26941 of 2022(2) dt.29-07-2022 3/3 conditions:

(i) 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.

(ii) That one of the bailors shall be Sita Ram, who is the father of the petitioner and deponent of the present bail petition."

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