Ram Jatan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36878 of 2022 Arising Out of PS. Case No.-209 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Ram Jatan Ram, S/O Nathu Ram, Resident of Vishunpurwa, Ward No.- 1, P.S.- Ramnagar, District- West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Shikarpur P.S. Case No. 209 of 2021 registered for the alleged offences under Section 30 (a) of the Bihar Prohibition and Excise Act.

As per prosecution case, the police received secret information about the petitioner and other co-accused persons manufacturing and selling illicit liquor from an open field. A raid was conducted and 70 litres of country made Chulai liquor was recovered. The petitioner and other co-accused persons fled

Patna High Court CR. MISC. No.36878 of 2022(2) dt.02-09-2022 2/3 away from the spot, but they were identified by the local people. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has not been arrested from the spot and nothing incriminating has been recovered from his conscious possession. Charge sheet has been submitted in this case and the petitioner is in custody since 22.04.2022 and is having clean antecedent Learned A.P.P. opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the petitioner has not been arrested from the spot and no recovery has been shown from him and further considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 209 of 2021, subject to the conditions mentioned in Section 437

(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative

Patna High Court CR. MISC. No.36878 of 2022(2) dt.02-09-2022 3/3 of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T