Munna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32813 of 2022 Arising Out of PS. Case No.-415 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Munna Ram Son of Sri Shivlal Ram Resident of Village-Dakshin Telhua, P.S.-Nautan, District-West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Nautan P.S. Case No. 415 of 2021 registered for the offences under Sections 272, 273, 328, 307, 304, 120-B of I.P.C. and under Sections 30(a), 37(b), 33, 34 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 17.11.2021.

The allegation against the petitioner is to involve in the trading of spurious liquor, where several persons died after consuming it.

Patna High Court CR. MISC. No.32813 of 2022(2) dt.18-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is the victim of circumstances and the maximum allegation, what appears against the petiioner, was to consume liquor with Bachcha Yadav. It is submitted that there is no allegation of selling/trading of liquor against the petitioner. It is further submitted that there is single case, which is, pending against the petitioner, arises out of the same occurrence. It is further submitted that nothing surfaced during the course of investigation, which may connect the petitioner with the present occurrence. While concluding the argument, it has been submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that from bare perusal of the F.I.R., it appears that the allegation against the petitioner is only to consume liquor with one of the deceased.

Considering the facts and circumstances as mentioned above, as nothing incriminating material surfaced/recovered during course of investigation, which may connect the petitioner with the present occurrence coupled with the fact that chargesheet has already been submitted, let the petitioner, above

Patna High Court CR. MISC. No.32813 of 2022(2) dt.18-08-2022 3/3 named, is directed to be released on bail in connection with Nautan P.S. Case No. 415 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah/concerned court, subject to the conditions as mentioned under Section 437 (3) of Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T