Patna High CourtCR. MISC./45255/2024bail granted

Randhir Ram v. The State Of Bihar

2024-07-29Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45255 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Randhir Ram Son of Ganesh Ram R/O Vill.- Suratpur, P.S. and Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 272, 273 and 34 of Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act 2016.

3. It is alleged that 18 liters of Nepali country made liquor was recovered from the motorcycle of the petitioner.

4. It is submitted that the petitioner is innocent and

Patna High Court CR. MISC. No.45255 of 2024(2) dt.29-07-2024 2/3 has falsely been implicated in this case only on the basis of suspicion. The motorcycle of the petitioner bearing Registration No. BR33W 3423,Chasis No. MBLJA06AMG9H07230, and Engine No. JA06EJG9H07412 was parked in the parking area of the company, and on 11.09.2023 the said motorcycle was stolen, and the information was given to the Thana-in-charge, Benipatti, on 12.09.2023, but police refused to institute the application of the petitioner as F.I.R. It is further submitted that from bare perusal of the F.I.R., it is apparent that the engine no. of the petitioner's motorcycle does not match with that of the seized motorcycle, and the registration no. of the motorcycle was not clear. No incriminating material has been recovered from the conscious possession of the petitioner, and he is in no way connected with the aforementioned recovery. Petitioner claims clean antecedents.

5. Learned counsel for the State opposes the bail petition.

6. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, 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 Additional Sessions Judge

Patna High Court CR. MISC. No.45255 of 2024(2) dt.29-07-2024 3/3 - II- cum- Special Judge , Excise Act, Madhubani in connection with Basopatti Police Station Case No. 202 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T