Kuldeep Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32108 of 2025 Arising out of PS. Case No.-47 Year-2025 Thana- THALI District- Nawada ====================================================== Kuldeep Ram, Son of Vijay Ram, Resident of Village- Krishna Nagar, P.S.- Thali, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Thali P.S. Case No. 47 of 2025 instituted for the offences under Sections 30(a)(d) and 41 of the Bihar Prohibition and Excise Act, 2016. He has no criminal antecedent.
3. As per the prosecution case, a secret information was received that liquor is being manufactured by some persons the police conducted a raid and on seeing the police five persons began to flee, however, they were chased and one person was apprehended who disclosed his name as Kuldeep Ram (Petitioner). On search, 150 litres of country-made mahua and 500 kg of fermented jawa mahua was recovered from the place of occurrence.
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4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case and there is general and omnibus allegation against the petitioner. It is further submitted that it is the case of the prosecution that the aforesaid recovery of liquor was made from Kala Mango Orchard in the forest which is admittedly an open space and it does not belong to the petitioner. It is next submitted by learned counsel for the petitioner that no incriminating article was recovered from the conscious possession of the petitioner. It is lastly submitted that the petitioner has no criminal antecedent and is in custody since 24.02.2025. Learned counsel for the petitioner undertakes to deposit a sum of Rs. 5,000/- before the Patna High Court Legal Services Committee.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that huge quantity of country-made liquor was recovered from the place of occurrence.
6. Considering the aforesaid submissions of learned counsel as well as undertaking given by the petitioner and taking into account the fact that recovery of liquor was made from a mango orchard and the petitioner has clean antecedent and is in custody since 24.02.2025, the petitioner above named,
3/4 is directed to be released on bail on depositing a sum of Rs. 5,000/- (Five Thousand) before the Patna High Court Legal Services Committee and a receipt of the same shall be furnished before the learned court below at the the time of furnishing bail bond. Thereafter, he shall furnish bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-I, Nawada in connection with Thali P.S. Case No. 47 of 2025, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned (iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is
4/4 found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
(Sourendra Pandey, J) Vikash/- U T