Umesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23951 of 2020 Arising Out of PS. Case No.-402 Year-2020 Thana- ARARIA District- Araria ====================================================== UMESH RAM Son of Late Bilaxan Ram Resident of Mohalla - Shivpuri Ward No. -9, Police Station - Araria, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2020 Heard Mr. Mukesh Kumar Rana , learned counsel for the petitioner and Mr. Anant Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Araria P.S. Case No. 402 of 2020 corresponding to Special Case No. 445 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner is that Police personnel reached at S.S.B. Camp, they saw two persons sitting along with the rickshaw- puller on the rickshaw and upon seeing the Police party they started fleeing away but were apprehended by the Police.

The arrested accused persons disclosed their name as Umesh Ram (i.e. petitioner), Bishnu Modi and Pramod Paswan and upon search 11 liters of country made liquor was recovered from under the seat of the rickshaw.

Patna High Court CR. MISC. No.23951 of 2020(2) dt.17-09-2020 2/2 by the Police and illicit liquor was recovered from under the seat of the said rickshaw. The petitioner was not aware about the illicit liquor being kept by the rickshaw puller- Pramod Paswan. Learned counsel further submits that petitioner is in custody since 27.05.2020.

Having regard to the submissions made by the parties, taking into consideration the materials available on record and the fact that petitioner is in custody since 27.05.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria / court concerned in connection with Araria P.S. Case No. 402 of 2020 corresponding to Special Case No. 445 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

praful/- (Anil Kumar Sinha, J) U T