Nageshar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23639 of 2020 Arising Out of PS. Case No.-219 Year-2019 Thana- GORAUL District- Vaishali ====================================================== NAGESHAR RAM S/O Late Lakhan Ram R/O Village - Khajechand Chapra, P.S. Goroul(Kartaha o.P.), District - Vaishali, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2020 Heard Mr. Anish Kumar, learned counsel for the petitioner and Mr. Tarun Prasad Mandal, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Goroul P.S. Case No. 219 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation against the petitioner is that the Police raided the house of the petitioner and recovered a total quantity of 196.200 litres of illicit liquors from the room situated outside the house of the petitioner meant for keeping firewood. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and the illicit liquor

Patna High Court CR. MISC. No.23639 of 2020(2) dt.15-09-2020 2/2 has been recovered not from inside the house of the petitioner but the same has been recovered from a room situated outside the house meant for keeping the firewood which is an open space accessible to all and sundry. Learned counsel for the petitioner further submits that the petitioner is in custody since 4.3.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that the petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-2nd cum-special Judge, Vaishali at Hajipur, in connection with Goroul P.S. Case No. 219 of 2019.

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

(Anil Kumar Sinha, J) S.Ali/- U T