Patna High CourtCR. MISC./45916/2024bail granted

Krishna Ram @ Krishan Ram v. The State Of Bihar

2024-07-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45916 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- Excise P.S. District- Saran ====================================================== KRISHNA RAM @ KRISHAN RAM SON OF LALN RAM VILLAGEJUGUNIYA KOTHI DAHIYAWA TOLA, P.S.- NAGAR (CHAPRA TOWN), DISTT.- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Excise Sadar/Sadar Excise P.S. Case No. 102/2024 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of one litre of countrymade liquor for which the petitioner is in jail since 26.04.2024.

4. The 3rd Exclusive Special Excise Judge, Saran has rejected the bail application of the petitioner only because the lawyer for the petitioner in the lower court had said that the petitioner had clean antecedent and the Special Judge found from the case diary that the petitioner was accused in one case.

5. For such a small recovery, even if, the petitioner

Patna High Court CR. MISC. No.45916 of 2024(2) dt.03-07-2024 2/2 has one criminal antecedent and the counsel for the petitioner had made a false submission, still the bail application of the petitioner should not have been dismissed.

6. In these kinds of small recovery, the bail applications should not travel up to the High Court.

7. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Saran at Chapra concerned court in connection with Excise Sadar/Sadar Excise P.S. Case No. 102/2024.

(Sandeep Kumar, J) Saif/- U T