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Patna High CourtCR. MISC./29928/2022bail granted

Ram Chandra Ram v. The State Of Bihar

2022-07-01Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29928 of 2022 Arising Out of PS. Case No.-501 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== Ram Chandra Ram S/O Late Pyare Ram R/O Village- Basantpur Jhitkahi, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2022 Heard learned counsel for the parties thorough virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sakra P.S. Case No. 501 of 2021 registered for the offence under Sections 147, 148, 149, 188, 341, 332, 333, 307, 504 and 506 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 03.02.2022.

The allegation against the petitioner is to involve in illegal business of illicit liquor, where 2.220 liters of illicit liquor was recovered and allegation is also to assault the police

Patna High Court CR. MISC. No.29928 of 2022(2) dt.01-07-2022 2/3 officials.

Learned counsel appearing on behalf of the petitioner submitted that the alleged illicit liquor was recovered from the house of co-accused, namely, Baliram Ram. It has been submitted that nothing incriminating recovered from the conscious physical possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that chargesheet in this case has already been submitted, as such, there is chance of tampering of evidence. Learned APP appearing on behalf of the State, vehemently, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nothing incriminating recovered from the conscious physical possession of the petitioner coupled with the fact that petitioner is a man of clean antecedent and chargesheet in this case has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sakra P.S. Case No. 501 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, Muzaffarpur, subject to the following conditions: "(i) Accused/Petitioner shall

Patna High Court CR. MISC. No.29928 of 2022(2) dt.01-07-2022 3/3 cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Pramod Ram, who is the son of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- Shashank/- U T