Patna High CourtCR. MISC./38110/2021bail granted

Ramesh Kumar @ Ramesh Sah v. The State Of Bihar

2021-09-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38110 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Ramesh Kumar @ Ramesh Sah S/O Jaynarayan Sah R/o village- Muraul, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Excise Case No. 147 of 2020, arising out of P.R. No. 34 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

485 liters & 640 ml. of foreign liquor has been recovered from the house of co-accused Vijay Ram, which is alleged to have been kept by this petitioner and other co-accused persons.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the house of co-accused. Petitioner is in custody since 09.04.2021. Investigation is complete.

Patna High Court CR. MISC. No.38110 of 2021(2) dt.23-09-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Excise Case No. 147 of 2020, arising out of P.R. No. 34 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) anay U T