Magga Ram @ Magga Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38376 of 2019 Arising Out of PS. Case No.-550 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== MAGGA RAM @ MAGGA RAY Son of Aashu Ram Resident of VillageMaa Puri Gatra Road, Police Station-Badmer, District-Badmer (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiva Ranjan For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Special Case No. 7291/2018, arising out of Agamkuan P.S. Case No. 550/2018, instituted for offences under Sections 272, 273, 34/120(B) of the Indian Penal Code read with Sections 30(a)(D), 31, 41 and 43 of the Bihar Prohibition and Excise Act.

Earlier prayer for bail of petitioner was rejected by this Court vide order dated 26.11.2018 passed in Cr. Misc. No. 67859/2018 with liberty to renew prayer for bail after six months in the event no substantive progress is made in trial. It is alleged in the written report that one truck was intercepted by the police party loaded with huge quantity totalling 3933.360 litres of foreign liquor.

Patna High Court CR. MISC. No.38376 of 2019(4) dt.31-07-2019 2/3 Report from the court below regarding stage of trial has been received from which it appears that cognizance has been taken in this case on 15.07.2019.

Petitioner is in custody since 08.08.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna, in connection with Special Case No. 7291/2018, arising out of Agamkuan P.S. Case No. 550/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at

Patna High Court CR. MISC. No.38376 of 2019(4) dt.31-07-2019 3/3 liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T