Indal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26607 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- KATRA District- Muzaffarpur ====================================================== Indal Ram Son of Late Nagendra Ram Resident of Village and P.O.- Barhad, P.S. - Hathauri, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-07-2022 Heard Mr. Dhananjay Kumar, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State through video conferencing. Petitioners seek bail in a case registered in connection with Katra P.S. Case No. 96 of 2022 for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act 2016. As per the prosecution case ,it is alleged that while the police party was on petrolling duty, on secret information that two persons have kept spurious fermented toddy apprehended and on search being made total 35 liters of country made toddy was recovered.

Learned counsel appearing on behalf of the petitioner submits that nothing has been recovered from conscious possession of the petitioner rather recovery has been made from

Patna High Court CR. MISC. No.26607 of 2022(2) dt.29-07-2022 2/3 the side of the road near mosque. It is next submitted that this petitioner is in custody since 17.03.2022 and the investigation of the crime is already completed and the charge-sheet has been submitted.

On the other hand, learned counsel for the state vehemently oppose the bail application of the petitioner. Having regard to the submissions made on behalf of the parties and considering the fact that the petitioner is in custody since 17.03.2022 and the investigation of the crime is already completed and the charge-sheet has been submitted and there is no likelihood of the commencement of the trial in near future, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise 1st, Muzaffarpur in connection with Katra P.S. Case No. 96 of 2022, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date

Patna High Court CR. MISC. No.26607 of 2022(2) dt.29-07-2022 3/3 of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J.) N.K/- U T