Pawan Kumar Ram @ Shashikant Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27499 of 2020 Arising Out of PS. Case No.-438 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== PAWAN KUMAR RAM @ SHASHIKANT KUMAR RAM Son of Bachcha Ram R/o Village and P.O.- Amarpur, P.S.- Darauli, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Matloob Rab, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Mairwa P.S. Case No. 438 of 2018 for the offence punishable under Sections 272, 273, 308, 34 of the Indian Penal Code and Section 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 112.320 litres of illicit liquor from a maruti car.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 03.03.2020. It is further submitted that only on account of

Patna High Court CR. MISC. No.27499 of 2020(2) dt.02-11-2020 2/2 bad antecedent of the petitioner herein, he has been falsely roped in the present case, however, it is submitted that though the petitioner is accused in three other cases, but he is on bail in the said three cases. It is further submitted, by referring to paragraph No. 5 of the present petition that neither the illicit liquor nor the vehicle in question belongs to the petitioner. Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also in view of the submissions made by the petitioner herein to the effect that the car from which illicit liquor has been recovered does not belong to the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. II- cum- Special Judge, Excise, Siwan in connection with Mairwa P.S. Case No. 438 of 2018. (Mohit Kumar Shah, J) Tiwary/- U T