Mosafir Ram @ Musafir Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42033 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== MOSAFIR RAM @ MUSAFIR RAM S/o Late Deoki Ram R/o Village - Basaon, Tilak Sah Ke Tola, P.S. - Basantpur, District - Siwan. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikash Kumar Shukla For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 08.04.2021 seeks regular bail in connection with Basantpur P.S. Case No. 153 of 2020, for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, pending in the Court of Additional Sessions Judge-II-cum-Special Judge, Excise, Siwan.
The prosecution case, in brief, is that altogether 14 bottles, each containing 750 ML, and 15 bottles, each
Patna High Court CR. MISC. No.42033 of 2021(2) dt.10-01-2022 2/2 containing 180 ML Indian Made Foreign Liquor were recovered from the hut of petitioner Mosafir Ram @ Musafir Ram. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner.
Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.
Having considered the facts and circumstances of the case and the fact that petitioner is a habitual offender and several cases are pending against him, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for grant of bail to the petitioner, above named, is rejected. (Purnendu Singh, J) manish/- U T