Parmatma Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45091 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Parmatma Sah S/O Suryanath Sah R/O Village- Jaitpura, P.S.- Nuaon, District- Kaimur At Bhabhua ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-02-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Excise Case No. 239 of 2021 arising out of Ramgrah (Nuaon) P.S. Case No. 62 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act (Amendment) 2018. He is in custody since 07.03.2021. The petitioner has got three criminal antecedents in which he is on bail.

Learned counsel for the petitioner submits that as per the prosecution story, the informant on secret information raided the house of the petitioner and total 9.8 liters of illicit liquor was

Patna High Court CR. MISC. No.45091 of 2021(2) dt.21-02-2022 2/3 recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the investigation against the petitioner is complete. He has remained in custody since 07.03.2021. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the submissions that altogether 9.8 liters of illicit liquor is said to have been recovered from possession of the petitioner, investigation against him is complete, he is in custody since 07.03.2021 and in three cases stated in paragraph '3' he is said to be on bail, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Kaimur at Bhabhua in connection with Excise Case No. 239 of 2021 arising out of Ramgrah (Nuaon) P.S. Case No. 62 of 2021, subject to the condition as laid down under Section 437(3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the

Patna High Court CR. MISC. No.45091 of 2021(2) dt.21-02-2022 3/3 petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.