Birendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29726 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Birendra Ram, Son of Late Munni Ram, Resident of Village-Dharmbari, Police Station-Baikunthpur, District-Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anuj Kumar, Advocate For the Opposite Party :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Baikunthpur P.S. Case No.17 of 2019 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by the learned counsel for the petitioner that the alleged recovery of illicit liquor is neither from the personal possession nor from the house of the petitioner. The recovery is from outside the house from an open space and for that the complicity of the petitioner in the offence alleged can not be presumed. He has been made scapegoat in the case on the basis of hypothetical presumption and wild suspicion. The petitioner is in custody since 23.03.2019. Learned counsel for the State has opposed the

Patna High Court CR. MISC. No.29726 of 2019(2) dt.22-05-2019 2/2 prayer for grant of bail to the petitioner.

Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise Act), Gopalganj in connection with Baikunthpur P.S. Case No.17 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed;

(b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J.) Sanjeet/- U T