Indrajeet Ram @ Bengu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25768 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- LAUKARIA District- West Champaran ====================================================== INDRAJEET RAM @ BENGU RAM, aged about 35 years, Male, Son of Bodhi Ram, Resident of Village-Rampur (Bagicha Tolla),Nayagaun, P.S.- Laukariya, District-West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Suresh Prasad Sharma, Adv.

For the Opposite Party :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 16.02.2019 in connection with Laukariya P.S. Case No. 13 of 2019 (CIS-Ex-198 of 2019) for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information the house of the petitioner was searched and from the house 16.800 liters of country made illicit liquor was recovered and the petitioner was apprehended on the spot. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession and charge sheet has already been submitted, there being no allegation of tampering with the prosecution

Patna High Court CR. MISC. No.25768 of 2019(2) dt.30-04-2019 2/2 witnesses/evidence. He submits that even charge has been framed against the petitioner.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations, the period of custody as well as the fact that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Laukariya P.S. Case No. 13 of 2019 (CIS-Ex-198 of 2019) to the satisfaction of the learned Special Judge, Excise, West Champaran at Bettiah, or the successor Court, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Shamshad/- U T