Sonelal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24527 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- DHAKA District- East Champaran ====================================================== SONELAL RAM Son of Ramgir Ram Resident of Village - Barewa, P.S. - Dhaka, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Aditya Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in Dhaka P.S. Case No.98 of 2020 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, pending in the Court of learned Special Judge Excise, East Champaran at Motihari.

On previous occasion i.e. on 24.09.2020, learned counsel for the petitioner wanted to withdraw this application submitting that the petitioner has been granted bail by the learned Court below but this Court directed him to file a supplementary affidavit bringing all the facts on record and also call for a status report regarding grant of bail to the petitioner by the learned Court below.

From perusal of record, it appears that no

Patna High Court CR. MISC. No.24527 of 2020(3) dt.05-10-2020 2/3 supplementary affidavit has been filed on behalf of the petitioner till today but a report of learned 13thAdditional District & Sessions Judge-cum-Special Judge Excise Act, East Champaran at Motihari has been received by this Court and is marked as Flag 'A' to this case record.

In paragraph-2 of the report, the learned 13th Additional Sessions Judge-cum-Special Judge Excise Act, East Champaran at Motihari has mentioned that the first bail petition was rejected on 26.06.2020 by the learned Court below. Another bail petition was filed on 02.06.2020 with a certificate in Para No.2 of bail petition that "a regular bail petition has been rejected by this Court but no other bail petition has been filed before the Hon'ble High Court, Patna". He further mentioned that considering the recovery of Nepali country made wine i.e. 36 liters and his period of detention in custody since 09.03.2020 i.e. more than 51⁄2 months, the accused petitioner has been granted bail by this Court on 28.08.2020. He also mentioned that the concerned Lawyer has been asked to show cause for concealment of the fact in Para 2 of the bail petition of the accused petitioner, namely, Sonalal Ram.

Considering the facts and circumstances of the case, this application is disposed of with a direction to the learned

Patna High Court CR. MISC. No.24527 of 2020(3) dt.05-10-2020 3/3 Court below to take appropriate action against the person/persons concerned in accordance with law within a period of two months from today and submit a report to this Court.

(Anjani Kumar Sharan, J.) Trivedi/- U T