Ram Narayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49739 of 2021 Arising Out of PS. Case No.-180 Year-2021 Thana- BISFI District- Madhubani ====================================================== RAM NARAYAN RAM S/o Dhiyani Ram R/o village- Damlaghat, P.S.- Bisfi (Patauna), District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bisfi PS case no. 180 of 2021 instituted for the offences punishable under Sections 272, 273/34 of Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 70.200 liters of illicit countrymade liquor from a motorcycle after the motorcycle was seized and the petitioner was apprehended while one of the co-accused person had managed to flee away. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody

Patna High Court CR. MISC. No.49739 of 2021(2) dt.07-03-2022 2/3 since 23.07.2021. The learned counsel for the petitioner has further submitted that a similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 07.12.2021, passed in Cr. Misc. no. 56840 of 2021.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that it is the oral submission of the learned counsel for the petitioner that the motorcycle in question does not belong to the petitioner apart from the fact that similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of

Patna High Court CR. MISC. No.49739 of 2021(2) dt.07-03-2022 3/3 Addl. District & Sessions Judge II-cum-Special Judge (Excise), Madhubani in connection with Bisfi PS case no. 180 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T